I35 



;';^a;^>/! ;j,:i^-v.H;, ■-'■I'-f,: 












Book_ _uS 



• WO^ 



HISTORICAL RELICS 



OF 



GEORGE WASHINGTON 



INHERITED AND COLLECTED BY 



Mr. WILLIAM LANIER WASHINGTON 



ORIGINAL LETTERS AND DOCUMENTS 



OF GEORGE MASON AND OTHERS ON THE 



FORMATION OF THE CONSTITUTION 



rom 



GEORGE D. SMITH 



547 - 5th^Ave;riEntrance on"4S^l. ~^ 

Who is prepared to execute orders at this sale. 
Correspondence invited from intending purchasers. 



THE ANDERSON GALLERIES 

NEW YORK 




PORTRAIT OF MARY BALL WASHINGTON 

THE MOTHER OF PRESIDENT WASHINGTON 
PALNTEl) BY ROBERT EDGE PINE 

IN'umbiT 72 ] 



HISTORICAL RELICS OF 

GEORGE WASHINGTON 

INHERITKI) AM) COLLECTED BY 

MR. WILLIAM LANIER WASHINGTON 
ORIGINAL LETTERS AND DOCUMENTS 

BY GEORGE MASON AND OTHERS ON THE 

FORMATION OF THE CONSTITUTION 



ORIGINAL UNPUBLISHED DIARY OF JAMES McHENRY 
MEMBER OF THE CONSTITUTIONAL CONVENTION AND 
A MINIATURE OF WASHINGTON PAINTED BY BIRCH 

TO BE SOLD 
THURSDAY EVENING, APRIL 19, 1917 

BEGINNING AT 8:15 O'CLOCK 
On Public Exhibition from Thursday, April 12th 



THE ANDERSON GALLERIES 

^L\DIso^' Avenue at Fortieth Street 
NEW YORK 




t 31S 
,W 35 



CONDITIONS OF SALE 



1. All bids to be pkr lot as numbered In the Catalogue. 

2. 1 he highest bidder to be the buyer; in all cases of disputed bids the lot shall be resold, 
but the Auctioneer will use his judgment as to the good faith of all claims and his decision shall 
be final. He also reserves the right to reject any fractional or nominal bid which in his judgment 
may delay or injuriously affect the sale. 

3. Buyers to give their names and addresses and to make such cash payments on account 
as may be required, in default of which the lots purchased to be resold immediately. 

4. 1 he lots to be taken away at the buyer's expense and risk within twenty-four hours from 
the conclusion of the sale, and the remainder of the purchase money to be absolutely paid on or 
before delivery, in default of which The Anderson Galleries, Incorporated, will not be responsi- 
ble if the lot or lots be lost, stolen, damaged, or destroyed, but thev will be left at the sole risk 
of the purchaser, and subject to storage charges. 

5. lo prevent inaccuracy in delivery, and inconvenience in the settlement of purchases, no 
lot will be delivered during the sale. 

6. All lots will be exposed for public exhibition in Ihe Anderson (jalleries before the date 
of sale, for examination by intending purchasers, and The Anderson Cialleties, Incorporated, 
will not be responsible for the correctness of the description, authenticity, genuineness, or for 
any defect or fault in or concerning any lot, and makes no warranty whatever, but will sell each 
U>t exactly as it is, without recourse. But upon receiving before the date of sale, expert 
opinion in writing that any lot is not as represented, 1 he Anderson Galleries, Incorporated, will 
use every effort to furnish proof to the contrary, and in default of such proof the lot will be sold 
subject to the declaration of the aforesaid expert, he being liable to the owner or owners thereof 
for damage or injury occasioned by such declaration. 

7. Tl-RMS Cash. Upon failure to comply with the above conditions any sum deposited as 
part pa\ ment shall be forfeited, and all such lots as remain uncleared after twenty-four hours from 
the conclusion of the sale, will be resold by either private or public sale at such time as 1 he 
Anderson Galleries, Incorporated, shall determine, without further notice, and if any deficiency 
arises from such resale it shall be made good by the defaulter at this sale together with all the 
expenses incurred thereby. Ihis condition shall be without prejudice to the right of The Ander- 
son Galleries, Incorporated, to enforce the contract with the buyer, without such re-sale. 

8. Bids. We make no charge for executing orders for our customers and use all bids com- 
petitively, buying at the lowest price permitted by other bids. 

9. 1 he Anderson Galleries, Incorporated, will afford every facility for the employment of 
carriers and packers by the purchasers, but will not be responsible for any damage arising from 
the acts of such carriers and packers. 

Priced Ciipy iij this Catalogue may he secured Jor $1.00 

The Anderson Galleries 

incorpor.ated 

Madison Avenue at Fortieth Street, New '^'ork 
Telephone, Murray Hill, 7680 

sales conducted liY MR. FREDERICK A. CHAPMAN 



HISTORICAL RELICS OF 

GEORGE WASHINGTON 

INHERITED AND COLLECTED BY 
MR. WILLIAM LANIER WASHINGTON 



INTRODUCTION 

MR. WIIJ.IAM LANIER WASHINGTON of New York, a direct 
descendant of two of George Washington's brothers, and the heredi- 
tary representative of General Washmgton m the Society of the 
Cincinnati, lias inherited through five family sources a remarkable collection 
of the relics of Washington, which, with one exception, are now oflered at 
unrestricted public sale. It is the last collection in the possession of a member 
of the Washington family that is likely to come on the market. Most of the 
other inherited relics have been deposited permanently at Mount Vernon and 
in other public institutions. 

1 he Relics consist of articles of silver and tableware owned by General 
Washington and used at Mount Vernon, snuft boxes, writing case, the sword- 
belt buckle used to fasten the belt from which one of Washington's swords 
depended during the War of the Revolution, shoe buckles, money scales and 
weights, candlesticks, whist counters, reading glass, two silver Camp Cups 
and a silver serving spoon used by Washington during the Revolution, Martha 
Washington's teaspoon and money purse, the wedding ring ot Washington's 
mother, a magnificent portrait of Washington by Rembrandt Peale, the only 
authentic portrait of Washington's mother, and other relics of the highest 
interest and importance. 

In the catalogue the Relics are divided into two parts, the hrst consisting 
of those inherited by Mr. Washington through various branches of the 
Washington family and the second of the Washingtoniana gathered from 
other sources during the past thirty-five years by him and his father, the 
late Major James Barroll Washington. Certificates of the authenticity of the 
relics will be furnished to buyers on request. 

Colonel William Augustine Washington, the great-great-grandfather of 
Mr. William Lanier Washington, was the only son of Augustine Washington, 
the eldest half-brother of General George Washington; he was the eldest of 
Washington's nephews and was in closer association with him than any other 
relative; he was consulted frequently on matters ot business, and was the 
first executor after Martha Washington named in General Washington's will: 

EXTRACT 

"Lastly — I constitute and appoint my dearly deloved wife, Martha Washington, my nephews, 
William Augustine Washington, Bushrod Washington, George Steptoe Washington, Samuel 
Washington and Lawrence Lewis and my ward, George Washington Parke Custis (when he shall 
have arrived at the age of twenty years) Executrix and Executors of this Will and Testament." 

By this will the first choice of the five swords bequeathed by General Wash- 
ington was given to Colonel William Augustine Washington, and during Gen- 

5 



eral Washington's lifetime he received from his uncle personal gifts, among 
which were the two silver Camp Cups used by General Washington through- 
out the War of the Revolution, which are now in this sale (Number 32). 

Colonel William Augustine Washington married his half-cousin, Jane 
Washington, the eldest child of Colonel John Augustine Washington, a younger 
full brother of General Washington. She was the sister of Bushrod Washmg- 
ton, a Justice of the Supreme Court of the United States who inherited 
Mount Vernon and General Washington's library and papers under General 
Washington's will: 

EXTRACT 

"Item — To my nephew, Bushrod Washington, I give and bequeath all the papers in my 
possession which relate to my civil and military administration of the affairs of this Country; 
I leave him also such of my private papers as are worth preserving, and at the decease of my 
wife, and before, if she is not inclined to retain them, I give and bequeath my library of books 
and pamphlets of every kind." 

Lawrence Washington, who bequeathed Mount Vernon to his half-brother, 
George Washington, did so with the suggestion that if George Washington 
died without issue the estate should revert to the son of Lawrence Washing- 
ton's full-brother, Augustine W'ashington, namely. Colonel William Augustine 
Washington; but it is believed that General Washington disregarded the 
suggestion and bequeathed Mount Vernon to his nephew. Justice Bushrod 
Washington, because he was in less fortunate circumstances than Colonel 
\N illiam Augustine Washington, who was a man of affairs and the owner of 
four handsome estates. 

Colonel George Corbin Washington (the great-grandfather of Mr. WMliam 
Lanier Washington) was the son of Colonel William Augustine W'ashington 
and his wife, the above-mentioned Jane Washington. He inherited from his 
father the sword of General Washington and many other relics of his great 
uncle. 

He also inherited from his uncle. Justice Bushrod Washington, who died 
childless, all the books of General Washington's library, his papers, his pistols, 
and the sword which his uncle had received through General Washington's 
will, as is shown by the following paragraphs in Justice Bushrod Washington's 
will: 

"Thirteenth — All the papers and letter books devised to me by my uncle. General Washing- 
ton, as well as the books in my study, other than law books, I give to my nephew, Geoige C. 
Washington. 

"Fourteenth — The sword left to me by General Washington I give to the aforesaid George C. 
Washington, under the same injunctions that it was bestowed to me." 

Colonel George Corbin Washington had only one son who lived to matur- 
ity, Colonel Lewis William Washington (the grandfather of Mr. William Lanier 
Washington) who inherited from his father the greater portion of the relics of 



General \Vashin<;ton that lie had received through three direct family sources, 
namelv, through his father. Colonel William Augustine Washington; through 
his mother, Jane Washington (daughter of General Washington's full-brotherj, 
and through his uncle, Justice Bushrod Washington. 

When Colonel George Corbin W'ashington's brother Rushrod Washington 
(a nephew of Justice Bushrod Washington) died he left a young daughter, 
Frances W^ishington, whom George Corbin Washington took into his family 
and to whom he subse(]uently gave several relics ot (uiural Washington. The 
remainder he left to his only son, Lewis William \\ ashington, as appears by 
these extracts from his will: 

'"Item — I give to niv son, Lewis W. \\'ashinf;ton, all my papers otiur than those relating to my 
private business. ... I also give to my son, Lewis W. Washington, the suord of (jeneral George 
Washington, devised to me by my father, and also the sword and pistol (one of them being lost) 
of the .said General George Washington, devised to me by my uncle. Judge i?ushrod Washington. 

"Item — I give to my son, Lewis, my law books, public documents, and such other portion 
of my librarv as my wife may not wish to retain." 

Colonel Lewis William Washington married, as his second wife, the great- 
granddaughter of General Washington's only sister, Betty Washington, who 
had inherited several important relics from General Washington's sister and 
from General Washington's adopted daughter, Eleanor Parke Custis, among 
which was the Bible of General W'ashington's mother, now at Mount Vernon. 

It will be seen from the foregoing that in the possession of Colonel Lewis 
William Washington were concentrated the relics of General Washington from 
Hve familv sources. 

Colonel Lewis William W'ashington had one son by his first marriage, Major 
James Barroll W^ashington, C.S.A., and by his second marriage one son, Wil- 
liam de Hertburn Washington. The latter died without issue. 

The only living child of the late Major James Barroll Washington is Mr. 
W'illiam Lanier Washington, now of New York City, who inherited several 
important relics from his half uncle, William de Hertburn Washington, and the 
relics which belonged to his father. 

Frances W'ashington, above mentioned, to whom George Corbin Washington 
gave several important relics of General Washington, died without issue and 
these relics, among which were the silver Camp Cups, reverted to George Cor- 
bin Washington's grandson. Major James Barroll W'ashington and his son, Mr. 
William Lanier Washington. 

These genealogical summaries are given to explain the history and descent 
of these relics from General Washington to their present owner, Mr. William 
Lanier Washington, who being childless and having no near relatives to inherit, 
has decided to disperse the Collections that they may be cared tor perma- 
nently by public institutions or cherished by patriotic private collectors. 



RELICS OF GEORGE WASHINGTON 

fONSIGNEll FOR liNRESTRICTED PIJIUJC SALK HV 

MR. WILLIAM LANIER WASHINGTON 

Thursday Evening, April 19, 1917, at 8:15 o'clock 

PART I 

The Relics in the First Pait of Mr. Washington's Collection 
were mherited and obtained by him from members of 
his tamilv on the lines as shown m the Introduction 



I COAT BUTTON WORN BY GENERAL WASHINGTON 

Mounted with two contemporary patriotic buttons with the initials 
"G. W." in centre. Marked with inscription 'T.ong Live the President." 
Two different varieties of these rare buttons worn while Washington was 
President of the LTnited States. 3 pieces in frame. 



2 FRAGMENTS OF TWO SILK GOWNS WORN BY MARTHA 
WASHINGTON 



Mounted in antique mahogany frame. 




3 FOUR ENGRAVED COPPER BUTTONS FROM GENERAL WASH- 
INGTON'S DRESS COAT 
Worn while President of the United States. 
In fine bhick. morocco case with inscription. 




SILVER SERVING SPOON OWNED BY GENERAL WASHINGTON 

Used h\ General \\ ashin^ton in his camp equipment durmji the \\ ar ot 
the Revolution. Richard Humphreys, Philadelphia, maker, cuca 1777. 

In fine black, morocco case with inscription. 



10 




■'V 


1 




■ — ->qp 

.if 


V 




SSBPS 


^y 




'*-;'' 


e 


^ 





5 GENERAL WASHINGTON'S WINE GLASS 

Cut glass, Colonial type. One of a set for serving Madeira at Mount 
Vernon. In very good condition. 

In Hne black morocco case with inscription. 



6 GENERAL WASHINGTON'S WINE GLASSES 

Two finely cut wine glasses, the remaining portion of one of the finest sets 
of wine glasses used by General Washington at Mount Vernon on state 
occasions. They are of English make and were imported by General 
Washington after his return to Mount Vernon to retire to private life. 
Both glasses are well preserved. 

In tine morocco case with mscription. 



7 BROOCH FROM ONE OF GENERAL WASHINGTON'S SPOONS 

Wrought in the shape of a small hatchet from a broken silver spoon and 
engraved with the script monogram "G. W." Length, \^^ inches. 



II 




MARTHA WASHINGTON'S TEASPOON 

A silver teaspoon of pure Colonial type. Length, 5^4 inches. Marked in 
script "M. W.". One of a set in use at Mount Vernon duruig the life of 
General Washington, which is said to have been presented to Martha 
Washington by a French visitor at Mount Vernon. It has had consider- 
able wear, as the maker's mark is almost obliterated, but the spoon is in 
excellent condition. 

In fine black morocco case with inscription. 




BRASS CANNON OWNED BY GENERAL WASHINGTON 
This cannon is six and one-half inches long. It is characteristically en- 
graved and is mentioned in the "Inventory of General Washington's 
Estate." It is apparently a reduced copy of an historic cannon, and no 
doubt was a memento of the sterling work of its prototype. 

In fine black morocco case with inscription. 



12 




lo MONEY SCALES OWNED BY GENERAL WASHINGTON 

These money scales are listed in the "Li\entory of the Estate." The one 
remainmir weight is marked " i Souver-ain." 



13 




II MONEY WEIGHTS OWNED BY GENERAL WASHINGTON 

Two sets of nested weights in bronze and of interesting workmanship, 
used by General Washington at Mount Vernon and inventoried by the 
executors of his estate. 

In fine black morocco case with inscription. 



H 




TWO SCROLL EDGE DLSHES FROM MOUNT VERNON 
Owned by Justice Bushrod Washington. White porcelain with decorations 
of floral sprays in brown flecked with gold. Marked "Copeland and Gar- 
rett" (the original name of the Copeland Porcelain Factory in England). 



Length, lo inches; width, 7 inches; 
lain in perfect condition. 



depth, I' 2 inch. \ ery unusual porce- 



13 TWO OCTAGONAL DISHES 

Match preceding. 8}4 inches wide. In perfect condition. 



14 TWO CAKE DISHES 

Match the preceding. Width, S-^^, inches and 9 inches; depth, 1/2 inch. 
In perfect condition. 



15 




15 TORTOISE-SHELL SNUFF BOX OWNED BY WASHINGTON 

Inlaid with silver and gold pique, marked "G. W." Inherited by the pres- 
ent owner from his father. The mitials on the top appear to be facsimiles 
of Washington's handwriting. Length, 4'4 inches; width, 154 
depth, I mch. 

In fine black morocco case with mscription. 



mc 



lies; 



i^ BROCJCH MADE FROM GENERAL WASHINGTON'S SPOONS 

This brooch was made many years ago with the script monogram " |. B. 
W." and given to the mother of the present owner by a member of the 
family who had these broken spoons and sought to utilize them as a sou- 
\enir. Size, 3 bv 2 inciies. 



17 GEORGE GORBIN WASHINGTON 

Receipt for a runaway slave returned to Colonel Washington. 

Washington, March 30th, 1853. 
Received of Mr. WashinRton .Six dollars and fifty cents in full for apprehending his 
sla\c Maiinlton. James IJowen. 



16 




GENERAL WASHINGTON'S STEEL SHOE BUCKLES 
Worn informally at Mount Vernon. These buckles are inventoried among 
the personal effects of General W'ashington by the executors of his estate. 
Size, 2-^4 by 2-Vs inches. 

In fine black morocco case with inscription. 



17 




19 SNUFF BOX OWNED BY GENERAL WASHINGTON 

This snuff box, which is made of tortoise shell inlaid with gold, was given 
by General Washington to his nephew, Justice Bushrod Washington, of 
the Supreme Couit of the United States. It was given by Justice Bushrod 
W'ashington to his nephew. Colonel George Corbm W'ashington, M.C, the 
great-grandfather of the present owner. The central ornament of this bo.x 
has been lost or broken and has been replaced with a portrait ot General 
Washington finely etched in gold on black glass. 

In fine black morocco case with inscription. 



i8 




20 SIX SILVER TEASPOONS OWNED BY GENERAL WASHINGTON 
And used by him at Mount Vernon. R. Wenman, New York, maker, circa 
1795. These spoons are in tine condition and form one ot the most inter- 
esting Items ot Washington's table silver in existence. 

In tine black morocco case with inscription. 



19 




21 SILVER SUGAR TONGS OWNED BY GENERAL WASHINGTON 
And used bv him at Mount Vernon. C. A. Burnett, Alexandria, Va., maker, 
circa 1797. Burnett made many pieces of silver for the Washington family. 

In Hne black morocco case with inscription. 



20 




MINIATURE TRUNK 

Given by General Washmgton to his adopted daughter, Eleanor Parke 
Custis. The small trunk is covered with the hide of a deer, on which the 
hair still remains, and is studded with brass-headed nails. It was used by 
Nellie Custis, granddaughter ot Martha Washington and adopted daughter 
of General Washington, in which to keep her small belongings. The daugh- 
ter of Eleanor Parke Custis gave this trunk to her first cousin, Betty Bur- 
nett Lewis, who was the mother of Mrs. Lewis William Washington, step- 
grandmother of the present owner. The size of the trunk is as follows: 
Length, 13^2 inches; width, S inches; depth, 6 inches. 



SILK BREECHES OWNED BY GENERAL WASHINGTON 
Worn on formal occasions while President of the LInited States. These 
breeches are made of light-brown corded silk of superior quality. They 
remain in excellent condition and are an interesting relic of Washington's 
personality. 

In glass case with inscription. 



21 




24 MARTHA WASHINGTON'S MONEY PURSE 

Knitted in tan silk and embellished with cut steel beads, rings and tassels. 
In perfect condition. 

In glass case with inscription. 




GENERAL WASHINGTON'S STEEL SWORD BELT BUCKLE 
Worn during the War of the Revolution. With this buckle General Wash- 
ington fastened the belt around his waist from which depended his sword 
throughout the seven years of the War of the Revolution. The sword is 
in the State Department at Washington, and is one of the most valuable 
and cherished relics of General Washington. The size of the buckle is 2>2 
by I '4 mches. 

In fine black morocco case with inscription. 



-J 




26 GOLD SEAL WITH WASHINGTON'S COAT-OF-ARMS 

Cut in cainelian and mounted in gold. Given by General Washington to 
his brother. Colonel John Augustine Washington, the great-great-great- 
grandfather of the present owner. The photographs show the actual size 
of the seal. 

In fine black, morocco case with inscription. 



24 




27 CANDLESTICKS OWNED BY GENERAL WASHINGTON 

1 his pair of candlesticks were used hy General Washington on his desk at 
Mount \'ernon. They are line Sheffield plate; tapering and fluted shafts 
and hobeches, moulded and headed circular bases, in manner of Sheraton 
Height, lo inches. 




i8 READING GLASS OWNED BY GENERAL WASHINGTON 

In his possession at the time of his death in 1799. Mentioned in an article 

bv Annette Lewis Bassett (sister of the step-grandmother ot the present 

• owner of the reading glass) in Scribufr's Magazine May, 1877, as follows: 

"Washington's sun-glass, in a massive silver rim, with solid silver handle of quaint 
device, his sword-belt worn through the Revolutionary War, and a number of letters 
not yet given to the public are all in the possession of one lady." [ I he name of this 
lady is nor mentioned but she refers no doubt to her sister, the widow of Colonel 
Lewis William Washington, grandfather of the present owner.] 

Length, 4' 8 inches; diameter of the glass, 2^8 inches. 

In fine black morocco case with inscription. 



J 



26 




29 WEDDING RING OF GENERAL WASHINGTON'S MOTHER 

Small well-worn broken band of gold, the ring with which Augustine 
Washington, father of George Washington, married Mary Ball. One of 
the very few relics of the mother of Washington extant and probably the 
most valuable of any known to be in existence. It is stated to have been 
taken from his mother's finger by General Washmgton at the time ot her 
death and was given by him to his niece, Jane Washmgton, mother of 
George Corbin Washington, who in turn gave it to his niece, Frances Wash- 
ington. Frances Washington before her death gave it to James Barroll 
Washington, father of the present owner, about 1895. 

In black morocco case with inscription. 



27 




30 



WHIST COUNTERS OWNED BY GENERAL WASHINGTON 
Mother of pearl, handsomely engraved. In the original book of accounts 
kept by Lund Washington, overseer of Mount Vernon, from 1762 to 1784, 
appear entries on page 42, m the account with General Washmgton's 
brother, "Mr. Charles Washington," on the debit side, "To won at whist at 
your House, 7.6 shillings," on the credit side, " By Cash won at Mount 
Vernon, 5 shillings." 

In mahogany case with inscription engraved on silver tablet. 



28 




31 WRITING CASE OWNED BY GENERAL WASHINGTON 

The writing case is of rosewood with mother-of-pearl mountings. Length, 
IV<4 inches; width, 8^4 inches; height, 4' 2 inches. Attached to it is the 
statement in the writing of the grandfather of the present owner to the 
effect that it was given by General Washington to his nephew, Bushrod 
Washington, Justice of the Supreme Court of the L'nited States, and its 
later line of descent as follows: 

"This case was presented by General Washington to his nephew, Judge Bushrod 
Washington, and by him to his nephew. Colonel George Corbin Washington, and by 
him to his son, Lewis William Washington, m 1854." 

Also attached to the writing case is a statement in the handwriting of 
its present owner as follows: 

"This writing case was inherited by William de Hertburn Washington, the young- 
est child of Lewis William Washington, whose statement in his own handwriting is 
attached to the case. Upon the death of William de Hertburn Washington in 1914, 
it was inherited by his nephew, William Lanier Washington, the present owner of 
this case. — William Lanier Washington, 1916." 



29 



32 TWO SILVER CAMP CUPS OWNED BY GENERAL WASHINGTON 
Used bv General W'ashinsjton during rhe War of the Revolution. Edmund 
Milne, Philadelphia, maker, 1777. Size, 3^4 inches high; 2^4 inches 
wide at the top; 2'j inches wide at the bottom. 

These cups were given by General Washmgton, durmg his life, to his 
nephew. Colonel William Augustine Washington, and are probably one of 
the most valuable and interesting relics of General Washington in exist- 
ence. A reproduction of Milne's original bill for the making of these camp 
cups is shown in this catalogue. The original bill is not oflered for sale 
as it is not now in Mr. Washington's collection, but a photographic fac- 
simile of the exact size will accompany the cups. The name ot the maker 
is stamped on the bottom of each cup. 1 he cups show considerable use 
and wear and are somewhat dented and marked but have been retained in 
the state in which they left Washington's hands. 

In fine black morocco case with inscription. 




30 




GLXKKAL WASHINGTON'S SILVER CAMP CUI'S 

AcrrAL SIZE 

|. Number 32 1 



.1J 



WASHINGTONIANA 

COiNSlC.NED BY 

MR. WILLIAM LANIER WASHINGTON 

PART II 

The follo\viii<i Rtliis of General Washington were eollected 
during the past thirtv-rtve years by the late Major James 
Barroll Washington and his son, Mr. William l.anier Washington 

AUTOGRAPHS 

ADAMS (JOHN QUINCY). L.S., i p. 4to. Washington, Dec. 28, 
1S22. In a frame and glazed. 

To Andrew Gregg, Secretary of State for Pennsylvania. An interesting 
letter regarding the extradition treaties existing between the United States 
and Great Britain, and their application. 



34 JEFFERSON (THOMAS). A.L.S., i p. 4to. Monticello, March 11, 
1795. Framed with a portrait. 

An interesting letter to Justice Bushrod Washington, in which Jeflerson 
asks him to act for the defendant in a legal case in which he is interested. 
It concludes: "The change of the laws during my absence, &: my ignorance 
of them is my true apology for this question." 



35 LAFAYETTE (MARQUIS DE). A.L.S., i'4 PP- 4to. La Grange, 
December 10, 1S2S. In a frame with a portrait, glazed. 

Evidently written to Richard Rush, who was at this time Secretary of the 
Treasury in the cabinet of President Adams. The letter mentions a forth- 
coming Treasury report, and the comparisons he has made between Amer- 
ican and European budgets. 

33 



36 WASHINGTON (GE(3RGE). D.S., i p. large 4to. Philadelphia. Decem- 
ber 22, 1796. In a frame, glazed. 

Appointment of Aquiia Giles as marshal. The document is written on 
vellum and bears the signature ot Tnnothv Pickermg as Secretary of State, 
and the Seal of the United States. With this is a framed steel engraving 
of General Aquiia Giles. (2 pieces.) 



BOOKS FROM WASHINGTON'S LIBRARY 

37 HL'RN (RICHARD). The Justice of the Peace and Parish Officer, nth 
Edition. Vols, i, 3 and 4 (lacks Vol. 2). 3 vols., 8vo, old calf. Lond. 
1770. 

George Washington's Co[5y, but without either his autograph or bookplate. The 
set of four vols, appears on the inventory of his personal effects, and they were in- 
cluded in the sale held in Philadelphia in 1 891. Inserted is a sworn declaration of 
Lawrence Washington that these volumes belonged to General Washington and were 
from his Librarv at Mount Vernon. 



38 AMERICAN MUSEUM; or. Universal Magazine. Issues for Sept., 
1789 (lacking title); Jan., 1791; Dec, 1791; Jan. to May, and Nov. 
and Dec, 1792. Bound in one vol., 8vo, half sheep. Phila.. 1789-92. 

I he issue for Jan., 1791, has autograph of Bushrod Washington on title. Inserted 
IS a statement signed by Lawrence Washington that these numbers, which 
his father had bound, formed a part of the personal library of George Washington, 
at Mount Vernon, and giving the subsequent history of the Nolunie, which latterly 
was the property of Bishop Hurst. 

Lawrence Washington was the son of John Augustine Washington, the last mem- 
ber of the Washington faniilv who owned Mount Vernon. 



39 MINIATURE OF GENERAL WASHINGTON ON IVORY 

Painted after the portrait of W'ashington by Joseph Wright. Signed B. L. 
In a heavy antu|ue gilded frame. 



■^ 1 




40 TWO OFFICERS' SWORDS 

Used in the War of the Revolution. The ivory liandle of one is mounted 
with wrought steel; the handle of the other is of ivory with bronze mount- 
ing. Rare specimens. Length. 36 inches. In a mahogany case. 



41 FIGURE OF WASHINGTON 

Three-quarter length showing Washington in uniform holding a sword in 
his two hands. Composition painted in life-like glazed colors. Size, i6j'2 
X 12} 2 inches. In antique gilded frame. 



42 PORTRAIT OF GEORGE WASHINGTON 

By Chas. Fenderich. Bust portrait in oils, with head slightly turned 
looking to the right. It was inherited by Mr. William Lanier Wash- 
ington from his father who bought it many years ago from a member of 
the Fenderich family. In gilt frame. Size, 30 x 25 inches. 

With this is a lithograph of the same portrait published by Charles 
Fenderich. 



35 



43 TWELVE TABLE KNIVES 

Ivory handles with silver mounts. On the handles of the knives is a carved 
head of Washington in relief, after Houdon's famous model. These were 
part of the set said to have been made in Sheffield and presented to Gen- 
eral Washington during the late years of his residence at Mount Vernon. 
It is said that Washington gave them to the wife of a member of his former 
military staff, from a descendant of whom they were obtained about ten 
years ago. At the time they were acquired by Mr. Washington they were 
submitted to the Curator of Metals at the Metropolitan Museum, New 
York, who after examination, wrote as follows: 

Dear Mr. Washington: 

. . . The maker of your knives, J. Garside, was well known in Sheffield; and 
from the history of the cutler's company I find that he was an apprentice in 1765. 

Yours ver)' truly. 

[Signed] John H. Buck, Curator. 

Marked, J. Garside, Superior Cutlery. Length of steel, 6^2 inches; 
length of handle, 3;'4 inches; silver mount, ,'i inch. 



44 ELEVEN TABLE KNIVES 

Similar to preceding but smaller in size. Length of steel, 4;''4 inches; 
lengtii of handle, 3^4 inches; silver mount, 's inch. 



45 CARVING KNIFE, FORK AND STEEL 

Match the preceding. Length of knife blade, g'^ inches; ivory handle, 
4'^ inches; silver mount, 'j inch. Length of fork, 5 inches; handle, 4^4 
inches; silver mount. '2 inch. Length of steel, 7^4 inches; handle, 3^*4 
inches; mount, ' _' inch. 



36 




CUTLERY FROM .MOUNT VERXOX 

|i\imili(-Ts 4H, 44, and 45] 




46 LARGE SHEFFIELD TRAY 

Entwined leaf scroll edge and handles. The center is engraved with a head 
of Washington surrounded by flags. The eagle is engraved at the foot of 
the portrait standing on a shield which rests on a sheat ot wheat and 
corn through which a ribbon runs enumerating the names of the grain- 
bearing States. Size, 26 x iS mches. In a glass case. 



47 OVAL STIPPLE PROFILE PORTRAIT OF GEORGE WASHINGTON 
On the back of this appears the following: 

The God-like Washington died 14th Deer., 1799. All America in tears. The within 
is the best likeness I have seen. The hair is of his own head, this will increase its 
value v^'ith time. It's my earnest Request this may be preserved to succeeding Gen- 
erations. The hair was presented to me by Maj. Billings. Con. Army. Certificate: 

This may certify that the within hair was inclosed by Gen'l Washington in a 
letter to me dated Newburgh, June '83 as his own hair. Jany. i, 18 10. 

And. Billings. 

This portrait was given to the father of the present owner by his aunt 
by marriage, who was the granddaughter of Major Andrew Billings, attache 
to General Washington and who inherited the lock of Washington's hair 
referred to above, but which is not oflered with this portrait. 



38 






48 MOURNING LOCKET 

Worn at the time of Washington's death. Female Hgure in mourning 
leaning on Washington's tomb, on which his portrait appears. Painted 
on ivory and mounted in gold. Size, 1^4 x I'j mches. 



49 MOURNING PIN 

Worn at the time of Washington's death. Lozenge shape, mounted in 
gold with blue and white enamel frame. Painted on ivory with the figure 
of Washington in the sky. A female figure is leaning on the tomb; she 
bears in her hand a staff on which the cap of Liberty is hung. Size, i^ 
X "s inches. 



50 MOURNING LOCKET 

Worn in commemoration of Washington's death. Seated female figure is 
leaning on Washington's tomb, on which his portrait is seen. Painted on 
i\or\' and mounted in sjold. Size, 2 x i 'j inches. 



.39 



51 HEAD OF GENERAL WASHINGTON IN SILVER 

Exquisitely hand wrought in solid silver in low relief, after the drawing by 
St. Memin. The silver wreath surrounding the head is tied at the bottom 
with a silver bowknot bearing the inscription, "Washington, Born I*eb. 
22, 1732; died Dec. 14, 1799." Height of head, 8' 2 inches; width, 5 
inches. The wreath is comprised of about seventy laurel leaves, four at the 
bottom tapering to one at the top. In contemporaneous deep oval gilded 
frame. 



52 WAX HEAD OF GENERAL WASHINGTON 

From St. Memin's drawing. This model is that from which the silver 
head (see Lot 51) was made. An exquisite example of wax modelhng; 
in low relief. Height, 8' 2 inches; width, 5 inches. 



40 




HEAD OF WASHINGTON IN SOLID SIL\KR 

IXuiiilicr 51 1 



53 BUST OF GENERAL WASHINGTON 

Very life-like and colored to nature. Executed in high relief in composi- 
tion. Under oval glass in antique frame. Size, 9x7 inches. 



54 PUrCHER PORTRAIT OF WASHINGTON ON LIVERPOOL WARE 
Mounted under glass in a black frame with brass rim. This famous " Pitcher 
Portrait" of Washington is exceedingly rare. Size, 4 x 4"s inches. 



55 SMALL BRONZE STANDING FIGURE OF WASHINGTON 

Very rare and contemporaneous bronze. On a marble base of two colors. 
Height of figure, 8 inches; height of base, 4^2 inches. 



42 





n»j/^/,MfMtti 




56 STAFFORDSHIRE STANDING FIGURE OF WASHINGTON 
One ot the rare original figures of Washington made in Staffordshire during 
his life time. 1 he decoration which is of gold and white is unusual. The 
lower part of this figure has been damaged and restored so cleverly that it 
is hardly discernible. Height, 14^4 inches. 



57 PORCELAIN BUST OF WASHINGTON 

Excessively rare, in bisque on a white porcelain base, decorated with gold 
and with the inscription "Washington." Height of bust, 2^4 inches; height 
of base, 2 '4 inches. The owner of this piece has seen no duplicate and 
considers it one of the rarest pieces in his collection. 



43 





58 BUST OF GEORGE WASHINGTON 

Rare Staffordshire; showing the subject with black coat and flowered 
waistcoat. This bust of George Washington in its original state is exces- 
sively rare and the owner knows of but one other similar, which, he is 
informed, is in the British Museum. This bust has been reproduced several 
times during the last fifty years and these reproductions should not be 
confused with the original. Height, 8'^ inches. 

59 CONTEMPORANEOUS LIVERPOOL WARE BOWL 

In the center of the bowl is an oval portrait of Washington supported on 
either side by two draped figures. The one on the right is represented as 
saying, "Deafness to the ear that will patiently hear and Dumbness to the 
Tongue that will utter a Calumny against the immortal Washington," 
and the one on the left, "My Favorite Son." LInderneath, "Long Live 
the President of the LInited States." On the outside are two rustic scenes, 
which appear to reproduce Wakefield, the birthplace of General Washing- 
ton. Diameter, 6 inches; depth, 2^4 inches. 

A very interesting and excessively rare bowl, no other being known. 



44 





6o LEAD STATUETTE OE WASHINGTON 

In military costume standmg by a cannon; on small base. A very rare 
contemporary specimen. Height, 9'j inches. 



61 LEAD STATUETTE OE ERANKLIN 
Standing figure, companion to the above. 



45 



62 PORTRAIT OF WASHINGTON 

A copy in oils, presumably from the brush of Jane Stuart, daughter of 
Gilbert Stuart, of Stuart's Lansdowne portrait. Inherited by Mr. William 
Lanier Washington from ins father. Size, 36 x 25 inches. In a contem- 
porary frame. 



63 THREE ENGRAVED PORTRAITS 

George Washington, engraved by Rollinson, published by I. Reid, New 
^'ork, 1796, and two others. In one frame. 



64 GEORGE WASHINGTON 

Stipple engraving printed in colors by W. Nutter after Stuart. London, 
published Jany. 15, 1798, by R. Cribb Holborn. Framed. Very rare. 



65 GEORGE WASHINGTON 

Medallion portrait engraved by B. L. Prevost after Du Similier, and one 
other. In one frame. 



66 EARLY DAGUERREOTYPE OF WASHINGTON 

Made by S. F. B. Morse, Boston, in May, 1846, of the Gilbert; Stuart 
Athenaeum Portrait of Washington. It is well known that Morse did much 
experimental work in photography and among his earliest attempts was 
that of a reproduction of Stuart's portrait of Washington. It is said that 
in order to obtain this daguerreotype photograph an exposure of several 
hours was required and success was obtained only after many failures. 
(See Life of Morse.) The daguerreotype plate is 5x4'4 inches, with a 
gilt metal mat showing an oval of 3^4 x 3 inches. 



46 





%mr M^ 4 




^■mrndskAJinxi' ^ ' ■M-vvsk'^'sr^ ' 




(>7 BRONZE STATUETTE OF WASHINGTON 

Pinely modelled standini; figure. On fluted halt" column ot" white marble, 
ormolu mounted. Height of figure, 9'j inches; height of base, 5 inches. 



68 BRONZE STATUETTE OF FRANKLIN 



Standing figure. Companion to the preceding. 



47 



69 RARE CONTEMPORARY' CHINTZ PANEL 

A center medallion holds the portrait of VVashinjiton and is surmounted by 
the Coat-of-Arms of the United States, dated 1776, and an inscription, 
"l^iberty and Independence our Country's Pride and Boast." On the 
right and left are medallion portraits of Jefl'erson and Madison. Below, 
on each side, are four scenes of naval engagements in medallions entwined 
with ribbons and wreaths, which are inscribed with the sayings of the 
respective commanders, whose flags are flying. 

In the center are three large ovals depicting the battle of Lake Erie 
with Perry's message: "We have met the enem\ and they are ours"; the 
battle of Lake Champlam, and "The Glorious finishing. New Orleans," 
with the inscription, "Without the advantages of discipline we have con- 
quer'd cont]uerors. -Jackson." On either side of this medallion is a flag, 
one bearing the inscription, "The Peasantry of America who know their 
Rights and their Duties." The other, "The Right Hand of Fellowship to 
all Nations who deserve it." At the toot ot the piece on the left is the 
figure of a woman holding a scroll which reads, "Hail Columbia happy 
Land. Be then forever great and free, the land of love and Liberty." On 
the right is the figure of a man holding a flag inscribed, "Millions for 
Defence, not a cent for Tribute. Columbia fears no haughty Foe, who 
ploughs the stormy main. Her Home's a mighty Continent, her Wealth, her 
wide Domain." At the base an inscription, "Free trade and Sailors' 
Rights. Rodgers. Porter." 

Printed in mulberry on deep ivory ground. In fine proof condition. 
Size, ^2 .\ 24 inches. In gold frame with black glass mat. 



48 




VERY RARE CHINTZ PANEL 



[NiiinlHT ()'.t| 



70 BRONZE BUST OF GENERAL WASHINGTON 

Life size. This is the first casting ever made directly from tlie origmal 
pLaster model, which was made from life by the famous trench sculptor, 
Jean Antoine Houdon, in 17S5. The plaster model, which was left by Hou- 
don at Mount Vernon, is valued at 350,000 and is one of the two busts made 
in plaster by Houdon who came to America for the purpose of makmg the 
statue of Washington (now in the rotunda of the State House at Rich- 
mond, Virginia). Houdon is the only sculptor that Washington per- 
mitted to make life casts from his face, head, and body. The other plaster 
bust was carried to France by Houdon where it is now preserved by the 
French Government. This bronze was cast in New York City by the late 
Maurice Power in his own foundry and was retained for years m his 
familv. It was bought from Maurice Power's widow. 




BRONZE BUST AFTER HOUDON 

[N'unilier TO) 



71 PORTRAIT OF GENERAL GEORGE WASHINGTON 

Painted by Rembrandt Peale, who was born in Bucks County, Pennsyl- 
vania, February 22, 1778, and died in Philadelphia, October 3, i860. 
Slightly more than life size, bust length, facing about three-quarters to the 
right. A fresh-complexioned and vigorous, fearless face with benignant 
eyes — a most human portrayal. Dressed in blue Continental military 
coat with gold epaulets, bufF-colored reveres, white stock and ruffle. Height, 
30 inches; width, 25 mches. 

In beautiful frksh condition .•xnd so far as known it has never 
been reproduced. 

It is well known that Peale painted his hrst portrait of Washington 
when he was only seventeen years of age, and at that time obtained three 
sittings from his great patron. 

Mr. Charles Henry Hart has examined this portrait and has submitted 
the following report to Mr. Washington: 

" I have examined the portrait of WashinRton, three quarters to right, in uni- 
form, on canvas 25 x 30 inches, that you submirred for my opinion. It is painted 
by Rembrandt Peale and doubtless is one of his trial pictures, painted vi'hile he was 
arriving at his composite portrait of 1823-24. It shows the right side of the face 
while the composite portrait shows the left side of the face which is the familiar 
"Rembrandt Peale's Washington." It is, as are all of the 1823-24 type, of heroic 
size, that is, larger than life and is to me a new type, for which reason it is of especial 
interest. It is painted in Rembrandt Peale's usual manner and with his high-color 
palette. 

[Signed] CHAS. HENRY HART." 

i 

Other experts who have examined this portrait have, without excep- 
tion, declared it to be an unusually excellent example of the work of Rem- 
brandt Peale. Mr. Hart's report accompanies the portrait. 



52 




PORTRAIT OF GENERAL WASHINGTON 
TAINTED BY REMBRANDT PEALE 

jXumbcr 71] 



PORTRAIT OF THE MOTHER OF WASHINGTON 

Portrait of Mary Hall Washington, painted by Robert Edge Pine. In its 

origmal condition. Height, 21 '2 inches; width, 18 inches. 

By special arrangement a reserve price of Ten Thousand Dol- 
lars HAS been placed ON THIS PORTRAIT. If AN INITIAL BID OF THAT 
AMOUNT IS NOT RECEIVED THE PAINTING WILL BE WITHDRAWN. EvERY 
OTHER ITEM IN Mr. WaSHINGTOn's COLLECTION WILL BE SOLD WITHOUT 
RESERVE OR RESTRICTION. 

This celebrated portrait has been on public exhibition at the Jumel 
Mansion, General Washington's Headquarters, in New York City, and in 
February and March of this year was in the Loan Exhibition of early 
American portraits at the Brooklyn Museum. It is familiar to the public 
and is the only known authentic portrait of Washington's mother. 

Mr. Charles Henry Hart, the recognized authority on portraits of the 
Washington family, made an exhaustive study of this portrait and sub- 
mitted to Mr. William Lanier Washington a long and elaborate report. 
He said: 

"The authorship of the paintini; is perfectly clear to me. It is, without the least 
doubt, the work of Robert Edge Pine, a British painter who, born in Great Britain 
in 1730, came to this country in 17S4 and died at Philadelphia, November 19, 1788. 
Pine visited Mount Vernon and Washington notes in his Diary on April 28, 1785, 
Pine's arrival 'in order to take my picture from life.' He remained at Mount Vernon 
three weeks and when he left carried letters of high commendation from Washington. 
In addition to the portraits of Washington and Fanny Bassett, Pine painted at Mount 
Vernon portraits of Mrs. Washington's three grandchildren." 

Mr. Hart added that the portrait was not only painted from life but 
was "an absolutely homogeneous painting, that is, all painted at the same 
period or virtually at the same time." He also said that it was an extremely 
good example of Pine's work at his best, being firmly and decisively painted, 
"and no one can help but see instinctively its general resemblance to the 
well-known lineaments and distinguishing characteristics of the portraits 
of the Father of his Country." After a further review of the evidence Mr. 
Hart closed his report as follows: 

"I am pleased to be able to say that from my investigations and researches into 
the history of this portrait and from my considerable familiarity with portraiture in 
general and with the portraits of Washington in particular, I am of the opinion that 
this is a portrait of your ancestress in the sixth generation, Mary Ball, the Mother 
of Washington." 

Mr. Hart's opinion has been endorsed by many distinguished authori- 
ties. Lyon G. Tyler, LL.D., president of William and Mary College, wrote 
to Mr. William Lanier Washington: "The statement of Mr. Charles 

54 



Henry Hart is conclusive in my opinion of the authenticity of the Mary 
Ball portrait. No higher authority could be had." 

Mr. Worthington Chauncey Ford, formerly chief of the Division of 
Manuscripts in the Library of Congress, author of a Life of Washington, 
the editor of the Writings of Washington, and now the editor of the Mas- 
sachusetts Historical Society and the President of the American Historical 
Association, wrote to Mr. Washington with regard to Mr. Hart's report: 
"I do not think you could get a more judicious, with a nearer approach 
to certainty. You now have a document which will serve to answer any 
critic who questions the probability of the portrait. In all this matter of 
portraiture you cannot do better than to follow Charles Henry Hart." 

General Roger A. Pryor, late Justice of the Supreme Court, State of 
New York, wrote: "After a critical examination of the evidence I am sat- 
isfied beyond a doubt that your picture is an authentic portrait of Wash- 
ington's mother." 

Mr. Frank W. Bailey, of the Copley Galleries, Boston, an authority on 
early American portraits, wrote a detailed review of the recent Loan Exhi- 
bition in Brooklyn which was published in the Boston Evening Transcript of 
February lo, 1917, in which he said: "Robert Edge Pine has four portraits 
credited to him, only one of which, that of Mary Ball Washington, shows 
him to be a painter of excellence. This portrait is undoubtedly a genuine 
one, is so Hne in technique and color that it is difficult to realize it as com- 
ing from his hand." 

The authenticity of the portrait has also been approxed bv Mr. Ed- 
ward Hagaman Hall, historian and author, of New \'ork Citv; W. Gor- 
don McCabe, A.M., IT..D., president of the Virginia Historical Society; 
Mr. William Henry Shelton, curator of Washington Headquarters, New 
\'ork City; Clarence Winthrop Bowen, LL.D., president of tiie New 
York Genealogical and Biographical Society; Mr. Jonce Irwin McGurk, 
authority on early American portraiture; Mr. Frank Allaben, editor-in- 
chief of the "Journal of American History," and by all other authorities 
to whom it has been submitted. 

The report of Mr. Han, autograph letters from the authorities named 
above, and newspaper articles regarding the historv of the portrait, have 
been handsomely bound in full morocco in a quaito \olumt which will 
be delivered to the purchaser of the portrait. 

[The Portrait reproduced in colors is the frontispiece of this Catalogue.] 



55 



ORIGINAL LETTERS AND DOCUMENTS 

OF GEORGE MASON AND OTHERS ON THE 

FORMATION OF THE CONSTITUTION 



HISTORICAL NOTE 

IN September, 17S6. a meeting was lield at Annapolis by Commissioners 
from New York, New Jersey, Pennsylvania, Delaware, and Virginia to 
"remedy defects of the Federal Government." Commissioners had been 
appointed from other States but only those from the States named attended 
and the net result of the meeting was a recommendation to the States repre- 
sented to procure the appointment by all the States of Commissioners to meet 
in Philadelphia in May, 1787, "to devise such provisions as shall appear to 
them necessary to render the Constitution ot the Federal Government ade- 
quate to the exigencies of the Union." 

That suggestion resulted in the Federal Convention at Philadelphia. The 
date fixed for the meeting was May 2, 1787, but it was May 25 before a sufficient 
number of States were represented to constitute a quorum, and on the 29th, 
Governor Edmund Randolph of Virginia presented fifteen resolutions and 
Charles Cotesworth Pincknev of South Carolina a draft ot a Federal govern- 
ment, both of which were referred to the Committee of the Whole. These 
were debated until the 13th of June, when the committee presented to the 
Convention nineteen resolutions founded on those which were proposed by 
Mr. Randolph. Later William Paterson of New Jersey submitted some resolu- 
tions that were referred to the Committee of the Whole but on the 19th of 
June that committee disagreed with the proposals of Mr. Paterson and again 
reported the nineteen resolutions previously agreed to. 

From that time until the 23d of July the Convention debated these nine- 
teen resolutions and on the 24th ot Julv appointed a "Committee of Detail" 
under a resolution "That the proceedings ot the Convention tor the establish- 
ment of a National Government, except what respects the Supreme Executive, 
be referred to a committee for the purpose ot reporting a Constitution conform- 
ably to the proceedings aforesaid." 

The Convention then adjourned until August 6th to await the action of 
the committee. This committee consisted of John Rutledge, Edmund Ran- 
dolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson, who were chosen 
by ballot. On August 6th the Committee of Detail reported a draft of a Con- 
stitution which was debated until the 8th of September, when another com- 
mittee of five was appointed to "revise the style of and arrange the articles 
agreed to by the house." This was known as the Committee on Style and 
Arrangement. The members were W'illiam S. Johnson, Alexander F^amilton, 
Gouverneur Morris, James Madison, and Rufus King, and on September 12th 
it reported the draft of the Constitution as well as a draft of a letter submitting 
It to Congress, and it was ordered that printed copies be furnished to members 
and they were delivered the next day. Finally on Saturday, September 15th, 
the Constitution as amended was "passed in the affirmative — all the States 
concurring." 

59 



The Convention met again on Monday, September 17th, and agreed to one 
more change, and then after passing resolutions phicing its journals m charge 
of the President subject to the order of Congress if ever formed under the Con- 
stitution adjourned sine dir. 

The Congress of the Confederation was in session in New ^'ork when the 
Federal Convention adjourned and on September 2Sth it unanimously resolved 
to refer the proposed Constitution with the "resolutions and letter accom- 
panying the same" to the State legislatures "in order to be submitted to a 
convention of delegates duly chosen in each State by the people thereof." 

The last article of the Constitution provided that "The ratification of the 
conventions of nine States shall be sufficient for the establishment of this Con- 
stitution between the States so ratifying the same." The dates of these rati- 
fications by the States are as follows: 

Statk Datf Votk 

Delaware December 7, 1787 Unanimousl}' 

Pennsylvania December 12, 1787 46 to 23 

New jersey December 18, 1787 Unanimousl\- 

Georgia January ;, 1 788 I'nanimously 

Connecticut January g, 1788 128 to 40 

Massachusetts. February 6, 1788 187 to 168 

Maryland April 28, 1788 63 to 12 

South Carolina May 23, 1788 149 to 73 

New Hampshire June 21, 1788 57 to 46 

Virginia June 25, i 788 89 to 79 

New York July 26, 1788 30 to 28 

North Carolina November 21, 1789 193 to 73 

Rhode Island May 29, 1790 34 to 32 

It will be seen that only three State Conventions voted unanimously for 
the adoption of the proposed Constitution. Many of the most patriotic men 
in America believed it to be faulty in several particulars and held that until it 
was amended it should not be adopted. And in consequence the struggle 
brought out pamphlets and newspaper articles by the score. Among those 
opposed were such men as Richard Henry Lee, Elbridge Gerry, Luther Martin, 
George Clinton, James Wadsworth, Patrick Henry, and George Mason. In 
fact, Washington was the only member of the \'irginia delegation to the Federal 
Convention who signed the new Constitution. Edmund Randolph, the Gover- 
nor of the State, was led to vote for its adoption onlv because eight States had 
already adopted it, and, as he explained, the main question was "Inion or no 
LTnion." His speech on recording his vote for ratification contained the expres- 
sion, "But although for every other act of my life I shall seek refuge in the 
mercv of God, for this I request His justice only." 

The principal obiections to the Constitution were finally overcome by the 
first ten amendments which were declared in force December 15, 1791. 

60 



THE MASON PAPERS 

Original Documents, Autograph Lkttkrs, and Printkd Drafts ok the 
Constitution of the United States, 1787, preserved by George Mason 
OF Virginia, a member of the Convention, in the handwritinc; of George 
Mason, Edmund Randolph, Richard Henry Lee, and P",D\VARn Ruti.edge. 

I hv toll()\vin<i IS a list ot thest- \l'V\ \aluahlf and imporranr pa|Hrs rt-^arclins; 
the tdiniation ot the Constitution ; 

Autograph Docimi-nt, 2 pp. I)r:ifr cit' .1 speech by Geortie Mason. 

AuTOGR.M'H DocLMKN'i, ^ -' PP- Df-it't of a Speech bv Georsje Mason. 

AuTDGR.M'H Document, : pp. l'ro|i(isecl .Amendments to the Constitution by (leor^e Mason. 

Autograph Document, i'4 pp. Article III, with corrections by (leorfje Mason. 

.AuTOGR.M'H Document, '> pp. Edmund Randolph's Draft of a Constitution. 

Fir.st Secretly Printid Dr.akt of a Constituiton. 

Second Secretly Priniid Dr.kft of .\ Constitution. 

.\utogr.\I'H Document, i '4 pp. .Amendments to the Constitution by Richard Henry Lee. 

.Autogr.\ph Document, 5 pp. .Amendments to the Constitution by Cjeor<;e Mason. 

AuTOGR.^PH Document, 2 pp. Renardint; the Virginia Con\ention by Georse Mason. 

Autogr.^ph Letter Signed b>' Richard Henry Lee, 4 pp. Reiiardint; the powers uranted 

to the E.xecutive and Congress. 
.Autograph Letter Signed by Rich.ird Henry Lee, 4 pp. Refiardmj; peculations aniom; 

public officers. 
.Autogr.\ph Letter Slt;NED by tieorse Mason, 5 '2 pp. Reiiardini; \'iri;ini.i's Western 

Lands. 
HlciGR.^PHKAL Ski-I'CH of (!cori;e Mason b\' Judne Bland. 

George Mason (1725-17^2) was one ot tlie greatest statesmen ot Virginia. 
James Madison said he was the ablest debater he had ever known and Thomas 
Jeft'erson described him as "a man of the first order of wisdom, of expansive 
mind, profound ludgment, cogent in argument, learned in the lore ot our former 
constitution, and earnest tor the republican change on democratic principles." 
In 1769 Mason drew up the non-importation resolutions which were presented 
by Washington in the \ irginia Assembly and unanimously adopted. In 1774 
he proposed twent\-tour resolutions re\Tewing the contro\ersy between Cireat 
Britain and the Colonies, recommending a Congress, and urging non-intercourse 
with the mother-country. In 17761 he drafted the Declaration of Rights and the 
Constitution of \ irginia which were unanimously adopted. He repeatedly de- 
clined the highest public offices, but did consent to serve in the Convention to 
frame a Constitution for the United States. He took an active part m its de- 
bates and was distinguished for his liberal principles. In the discussion whether 
the House of Representatives should he chosen directly by the people, he main- 
tained that no republican go\'ernment could stand without popular confidence, 
and that confidence could onl\- he secured bv giving the people the selection ot 

61 



one branch of the legislature. He also favored the election of the President by 
the people and for a term of seven years with ineligibility afterward. In some 
attempts to render the Constitution more democratic Mason was defeated m 
the Convention, as these Letters and Documents show, and when the instru- 
ment was completed he declined to sign it. He was especiallv dissatisfied with 
the extended and indefinite powers that were conferred on Congress and the 
President, and on his return to Virginia he was chosen a member of the Con- 
vention to which the Constitution was referred for ratification or rejection, and 
there, with Patrick Henry and others, he continued his opposition, insisting on 
certain amendments, which are also set forth in these papers. Among the 
amendments which he proposed was a Bill of Rights and about twenty altera- 
tions in the body of the measure, and several of these were afterwards adopted. 

I he Documents, Letters, and Drafts here offered show Mason's position 
and that of several of his associates throughout the great contest for the estab- 
lishment of a strong and effective government. 1 he proceedings of the bederal 
Con\ention were secret and at its dissolution all the official papers e.xcept the 
Journals were burned and many of the members destroyed their notes. Two 
drafts of the Constitution were printed secretK- during the debates for the con- 
fidential use of the members, very few of which ha\e survi\ed. Both drafts 
are, howe\er, in this Collection, and their interest and importance are greatly 
enhanced by the manuscript notes in the handwriting of Mason. The Consti- 
tution as printed the third time b\' order of the Comention was in the final 
form as ultimately adopted. 

The Letters of Richard Henry Lee in which he opposed the adoption of the 
Constitution are exceedingly interesting, particularly the letter in which he pre- 
dicts a Civil War as an inevitable result of the proposed form of government. 
The letter of Mason regarding Virginia's ^^'estern Lands is also of great histor- 
ical importance. 

I lie Documents, Letters, and Drafts naturalK belong together, for tliev 
were preserved by the same man and relate to the same subject. For this reason 

THEY WILL 15E OFFERED AS ONE LOT AT AN UPSET PRICE OF TeN ThOUSAND 

Dollars. If this bid is not received the Documents, Letters, and Drafts 
(Numbers 73 to 86) will be sold separately without reserve as catalogued. 



ORIGINAL LETTERS AND DOCUMENTS 

ON THE FORMATION OF THE CONS Trill TION 
PRESERVED BY GEORGE MASON OF VIRGINIA 
A MEMBER OF THE FEDERAL CONVENTION 



Note — The following Documents, Letters, and Drafts (Numbers 73 to S6) 
are offered as one T>ot at an upset price of Ten thousand Dollars. If tliis 
bid IS not received the\ will be sold separateK' without reserve as catalogued. 



73 MASON (GEORGES). Autograph Document, 2 pp., small 4t(), written 
during the sitting of the Federal Convention, probably May, 1787. Pre- 
ser\ed under silk gauze. 

On one side of the sheet, he has written "(/'. Mason hrtis thr favour of 
Majr. Jackson [the Convention's secretar\] to correct the joUo:v'uii^ Resolu- 
tion, in the manner it hath been w^reed to by the Convention." Then follows 
the resolution upon the manner of election of the "second branch of the 
Leoislature oj the United Stales," with the desired change made in Major 
Jackson's hand from "tnennially " to "biennially." Ihis resolution was 
discussed in the Convention at the sitting on May 31st. This side of the 
sheet has been crossed out in ink. but not in a manner to interfere with 
Its legibility. 

1 he reverse side contains a dratt ot his speech upon the manner ot 
electing the two branches of the legislature, which was discussed at the 
same time as above. He makes a clear distinction between the "Circum- 
stances, Situation, Character, &: Genius" of the American and other Peo- 
ples, and continues, "Conclusions have been dra:ni that the People of these 
United States would refuse to adopt a Covernnient founded more on an equal 
representation of the People themselves, than on the distinct representation of 
each separate individual State. — // the different States in our Union akrays 
had been as now run substantially ly in reality distinct sovereii:,n nations, this 
kind of reasoning would have great Force; but if the premises on :vhich it is 
founded are mere assumptions . . . no satisjactory conclusions can be dra:vn 
from them." 

63 



74 MASON (GEORGE). Autograph Document, 3 '2 pp., small 4to, closely 
written; preserved under silk gauze. Contams draft of his Speech be- 
fore the Federal Convention, advocating three persons instead of one as 
Supreme Executive of the I'nited States. [June, 17S7.] 

This speech contains more material and is more hrmK expressed than 
that mentioned in the Madison Papers as being delivered to the Conven- 
tion on [une 4th. lie argues that his council of three would provide tor 
sickness or disabilitv in the executive, would greatly strengthen the "Coun- 
cil of Revision," and that the tendency to vest strong and extensive powers 
in the executive would, were that executive only one person, result in the 
republican form of government degenerating into a monarchy. He con- 
siders that the virtues he admits centrah/ed power to possess are fully 
compensated for in a democracy by "//;(• attach mrnt of tlir (htizi'iis to their 
Lazes, to their Freedom, iS to their Country. — Every husbandman zvill he 
quickly converted to a soldier, zchen he knou-s l^ feels that he is to pi^ht not in 
defence of the rights of d particular family, or a Prince, but for his own . . . 
and who that reflects seriously upoti the situation of America, in the beginning 
of the late war — without Arms — without Soldiers — without Trade, Money, or 
Credit — in a maimer destitute of all Resources, hut must ascribe our Success 
to this pervading all-powerful Principle." He concludes, " // the executive 
is vested in three Persons, one chosen from the Northern, one from the Middle 
y one from the Southern States, will it not contrdjute to quiet the minds oj the 
people . . . y consequently [be] the best Security for the Stability i^ Dura- 
tion of our Government upon the invaluable principles of Liberty.'' 

This interesting proposal was finally defeated in the Convention by a 
vote of 7 States against 3, but the support it received indicates the very 
strong fear felt throughout the country that the granting of large powers 
to one individual might tend to establish a monarchial system in the young 
Republic. 



MASON (GEORGE). Autograph Manuscript, 2 pp., folio, containing 
Amendments to be proposed to the Federal Constitution during the 
sitting of the Convention, 17.S7. Preserved under silk gau/e. 

Contains a list of eighteen amendments and suggestions, with the results 
of voting marked against some, viz.: "Disagreed," "Refused," "Agreed 
to"; others have nothing marked, presumably those the object of which 
had been secured by other amendments. 

The fourth proposal on this list, respecting the provision ot State mili- 
tia, reads: ''That the Liberties of the People may be better secured against 
the danger of regular Troops or Standing Armys in tune of Peace." 



64 



I hf ele\L'tnh, which \\;is carried and emhothcd m the Constitution, 
hniits the appointmi; power of the President as follows: "l/iil thr Couiirrss 
max h\ La:v vrst thr a pf^dinlnu'iit i>t such nifrrior officrrs as thr\ iiiav think 
proper 1)1 thr Prrsulr)/! iiloiir, in thr ('imrts oj J.ci:r. or thr I/iiii/s of Drpart- 
iiiriils." 

1 he hfteenth, relatinti to 1 reason objects because "no J:\rrptioii or 
Provision |is niadel tor thr ■:vifr-—:ch(i )>u>\ hr iniiorrnt, CJ oii^ht not to 
br invohv'd in Ruin from thr (jiiilt of thr II ushand ." 1 ins was rejected h\ 
the C\)n\ention and the clause remained '\hiri)i<^ thr lifr of thr prrsoii 
attdintrd." 

Re<iardinji the Fifth Article of the Constitution he savs: "By this 
Articlr Coiigrrss only havr thr pozcrr of proposinii, .Imrndmrnts at any fntiirr 
limr to this (Constitution, ct" shoii'd it prcrvr rvrr so opprrssi-rr, thr -wholr propir 
oj .-jmrrica can't niakr, or r-rrn proposr. Alterations to it: a doctrine utterly 
siibsersizr [subversu'e) oJ the fundamental principles of the Ri;Jits and Liber- 
ties of the People." 

Other proposals relate to the ofHce of \ ice President, the Journal of the 
Senate, na\i!iation acts, taxes and duties on tiade between States, etc. 



76 MASON (GEORGE). Autograph Document, presumably by a Member 
of the Constitutional Con\ention, with interesting corrections and addi- 
tions in George Mason's autograph. 1^4 pp., 4to. [1787.] Preser\'ed 
Linder silk gauze. 

Kate Mason Rowland, m her lite of George Mason, calls this a chip 
from the con\ention in an unknown hand, and reprints it entire in the 
appendi.x. 1 he document is of considerable interest, as it is in substance 
the same as the paits of Article III of the completed Constitution, relating 
to the Judiciar\-, the difference in the drafts being largeK' m form. 

1 here are several interlineations in Mason's hand, and a large para- 
graph moving that judges hold their offices during good beha\iour is crossed 
out, presumabl\- b\" Mason, as such motions were sure to meet his strongest 
opposition. 



RANDOLPH'S DRAFT 

77 RANDOLPH (EDMUND). Auto-raph Document. Draft of his Propo- 
sitions for the Constitution offered in the Committee of Detail of the 
Convention, with amendments by Edward Riitledg;e. 9 pp., foho, pre- 
ser\ed under silk gauze. 5 pieces. 

Edmund Randolph, Governor of the State and leader of the Virginia 
delegation to the Federal Convention, introduced the general plan (the 
first offered) of a Constitution. He also drafted a detailed proposition of 
his own, which was discovered in 18S7 among the papers ot George Mason. 
The document described above is that draft, which was used as a basis 
of discussion by the Committee ot Detail on which he served. At the close 
of the Convention of 17S7, its secretary, William Jackson, made a holo- 
caust of the papers on his table and many documents of historic value 
were destroyed. I'oitunatelv a tew ot the members realized what momen- 
tous history was made in those months, and rescued papers to which they 
could make personal claim. Among these was George Mason, who retained 
this most important document by Randolph, with the others here de- 
scribed. 

It is really a preliminar\' plan for a Constitution — one of detail as well 
as general principles. Numerous erasures and interpolations occur, many 
in the hand ot Edward Rutledge, some ot which suggest consultation 
with other leaders. As each item was disposed ot it was ticked off. The 
title "House ot Delegates" is one ot several indications that its author 
began on the basis ot the Virginia Constitution (the Hrst republican Con- 
stitution ever written), which he helped to trame m his twenty-third year. 

Some ot the items and clauses scored out and rejected e.xhibit the 
variety ot ideas and opinions in the Committee as to the requirements, 
provisions, and restrictions thought necessary tor the sate conduct ot the 
Union. The contused look ot the MS. in places bears evidence ot the 
opposition each new proposal was subjected to betore it was considered 
safe. One of the provisions scored out as rejected concerned the qualifi- 
cations of citizenship which were sanity ot mind, residence tor one year, 
possession ot real property within the State, or enrolment in the militia 
for one year. Another original proposition was the arrangement for the 
payment ot Senators, which required a jury ot merchants and tarmers to 
declare what was the average value ot wheat during the past si.\ years in 
the State where the Legislature was sitting, and for the six subsequent 
years the Senators were to receive per diem the average value ot a certain 
number ot bushels ot wheat. The Executive power, according to this plan, 
was to be vested in a single person, elected by the Legislature b\' ballot. 

66 






<t K^A^1\{»a. 


















/>^;^^, /,.-.. 



^^^ -7 < // '■C'^7 5,^ / o^ML^j ,-^^ 



r'-t 



-A'^ 3 iCj, i^i^^ 



..^^ i. 












c^^^ «--t« 






m^t^M.- C^v^-^t^^ 




r. y5f^ *^^ '/^ &^&V iJ^^^; '-^^^'C ^^ '^n^. 



RANDOLPHS DRAFT OF A COXSTFrUTIOX 

[Number 77] 



He was to hold office for seven years and be ineligible thereafter. An amend- 
ment by Rutledge at this point suggested the title of "Governor oj tlir 
United People and States of America." The document is rich in ideas which 
served as a basis for the construction of the Constitution of the Ihiited 
States. 

The last page is an outline or draft of " J)i address to satisjy the people 
of the propriety of the proposed reform."' This is entirely in Randolph's 
hand. It was evidently his plan, when the Constitution was to be sub- 
mitted to the people, to address the country at large, through a communi- 
cation explaining the principles of the proposed Constitution and advocat- 
ing its adoption as the best substitute for the unsatisfactory Articles ot 
Confederation which were then very weakly holding the Union together. 



FIRST PRINTED DRAFT 

78 FIRSl^ PRINTED DRAFT OF THE CONSTITUTION OF THE 
UNITED STATES. Five printed proof sheets of the Constitution, 
with Manuscript Notes, Amendments, and Interlineations in the auto- 
graph of George Mason. Pp. 3 to 7 (i and 2 missing), 5 pp. folio (edges 
slightly frayed, and a small hole in 4 sheets from a former fold affecting 
two or three words, all mounted). 

In James Madison's "Journal of the Constitutional Convention," thi 
appears as the ?irst DR.A.KT ordered to be printed. It is the result ot 
the deliberations of that body from May 25 to Aug. 6, 1787. The form 
is that reported by the Committee of Detail (or Committee of Five) con- 
sisting of Rutledge, Randolph, Wilson, Ellsworth, and Gorham. It com- 
prises twenty-three Articles, whereas the final form is condensed into 
seven. Unfortunately the present copy lacks the first two sheets, which 
contain Articles 1 to 5 and the first nine sections of Article 6. Each mem- 
ber received a copy and the separate articles were taken up for debate in 
detail. As they were agreed to, rejected, or modified, notes to that effect 
were made on this copy by George Mason. 

One of the interesting points about this draft is the plan of the E.xecu- 
tive as compared with that finally adopted. The Executive power was to 
be vested in a single person, elected by the Legislature, and holding hi 
office for seven years, and ineligible for election a second time. The mar- 
ginal notes appear to be both personal objections on Mason's part and 
amendments as the result of debate. The clauses and sections which 
were later embodied in the second draft are here indicated as ''agreed.'' 



s 



s 



68 



1 he clause relatinii to LeiiislatiN e power ro sulnlue lehellioii in an\ State 
was rejected and left to be reconsidered. Ihe section pro\idin<; for tine 
settlement of disputes between States was disagreed to for obvious reasons, 
as being too involved. Mason's influence can be seen in Article XXI, 
which specifies what shall constitute ratification. I lis jealousy for State 
rights is here displayed in the MS. amendment at the end of the clause: 
" TAf- ratification oj iiiiir States shall />,• sufficient for m-'j^anizinii '/''' Consti- 
tution hct:vecn such States." This is marked "agreed." 

This is thk kirsi' dr.aft ok thk proposkd Constiti'tion ordkrkd 
TO BE printkd BY THE Fkderai. CONVENTION. It was secietly struck off 
for the members as a basis for the continuation of the discussion. Both 
this and the later drafts are of the greatest rarit\, the number printed 
being probably not over sixty copies. Nearl\ all copies were destroyed. 
^ord. in his Bibliography of the Constitution, locates onlv four copies, 
two in the archives ot the Department of State, and one each in the 
Librar\- ot Congress and the Massachusetts Historical Societv. This Draft 
was printed by Dunlap of Philadelphia. 



SECOND PRINTED DRAFT 

79 FOUR PRINTED PROOF SHEETS OF THE PROPOSED CON- 
STITUTION OF THE UNITED STATES, with Manuscript Objec- 
tions, Amendments, and Interlineations in the autograph of George 
Mason. 4 pp., folio, printed, with 2 pp. folio of manuscript matter on 
the reverse of two of the printed leaves. Two preserved under silk 
gauze and two mounted (and very slightl\- damaged in former fold, 
making illegible one or two words). 

On August 6, 17S7, the Committee of Detail reported a draft of a Consti- 
tution, fhis draft, drawn up principally from the first set of resolutions 
submitted by Edmund Randolph, was debated until September Sth, dur- 
ing which period many other resolutions were introduced, some adopted 
and others rejected. On September 12th another revision of stvle and 
rearrangement of articles was made, when it was ordered that printed copies 
be furnished the members. On the ne.\t day they were distributed. The 
present is Mason's copy of that draft, the second printed form oe the 
proposed Constitution of the United States. No doubt this was 
printed by Dunlap, as the first certainlv was. 

Many of the amendments, corrections, and interlineations on this draft 
in Mason's autograph were embodied in the final version as submitted for 

69 



ratiHcation to the State Conventions. The\ were the subjects of long and 
earnest discussion among the delegates, and represent decisions of the 
greatest importance. 

Following are some of the most important and interesting of the manu- 
script corrections and interlineations which are found embodied in the 
present Constitution. Where they were adopted in their entirety the 
whole paragraph is (]uoted, and .\ll words in Mason's handwriting 

ARE HERE QUOTED IN ITALICS. 

In Article I, Sect. 2, third paragrapli, the word "servitude" lias been 
changed to read ".fcn'/C('." This paragraph also reads: "The number of 
representatives shall not exceed one for every forty thousand." In the 
Hnal version the words "forty thousand" were changed to "thirty thou- 
sand." In the sixth paragraph of Sect. 3, same Article, the words "or 
affirmation^' are inserted after "When sitting for that purpose thev shall 
be on oath." Sect. 4, first paragraph: "The times, places and manner of 
holding elections for senators and representatives, shall be prescribed in 
each State by the legislature thereof: but the Congress may at any time 
by law make or alter such regulations f.vri-/)/ d.r /o place of chusing Senators." 
Sect. 7, fourth paragraph, makes it necessary for a bill to be repassed by 
'' tzvo-thirds" of both the Senate and the House after a veto by the Presi- 
dent; the original reading is "three-fourths." Sect. 8, second paragraph, 
MS. amendment reads: ''but all diitifs, imposts c5 excises shall be uniform 
throughout the United States." Sect. 9, fourth paragraph has been amended 
to read: "No capitation or other direct tax shall be laid, unless in propor- 
tion to the census or Enumeration herein before directed to be taken. A'O 
prejerence shall be given by any regulation of Commerce or Revenue to the 
ports oj one State over those of another; nor shall vessels bound to or from 
one Stale he obliged to enter, clear or pay Duties, in another." Sixth para- 
graph, same section: "No money shall be drawn from the treasury, but 
in consequence of appropriations made by law; and a regular Statement Iff 
Jcct. oJ the Rects. l3 expenditure of all public nioney shall be published from 
time to time." The first paragraph of Sect. 10 has been entirely deleted 
and the following MS. amendment made: "Sect. 10. No State shall enter 
into any Treaty, .dlliance or Confederation, grant letters of marque Iff reprisal, 
coin money, emit Bills of Credit, make anything but Gold or Silver coin a Ten- 
der in payment of debts, pass any Bill of Attainder, ex post facto Law, or Law 
impairing the obligations of Contracts, or grant any Title of Nobility." Sect. 
10, second paragraph, amended to read: "No State shall without the con- 
sent of Congress lay any Imposts or Duties on Exports or Imports, except 
what may he absolutely )iecessary for executing its Inspection Laws i^ the nett 
produce of all such Duties and Imposts laid by any State, shall be for the use 

70 











'..I. llic executive power fliail be veiled iii a prrfiiJcnt o( ilicUtiilc 
iliall lioUlliis olTiCc duringthc trim of (oiir years, aji.l, lo^tlhci" uiili lli 
the fjiiic term.be dccUd' niiVi i liliiimf i w it n iii n ^^o^t^*^* 



Each (late lliaM appoint, in Inch manner ;is ihe irKil^-iture tlicrcof may 
lOTS, equal to the whole luimlier »il lenaiors ;iiul rrpn 
\n (.^onprcfi: but no fen-uor or rcprelcntative ft w J l I m; 



tov.lnth & 



-»H* 



iatUii^ti* *n ii 



,lStatcM.fAnirii:.v lie 
icc-prclidc:it,(.holcn lt:f 

reel, a miiiilirr of cler. 
(I.Tie ii::ty be ttitiilttl 
: WiHr ;>ttfon lu'li^ir^ 



■ta> 

;.ir two perf.n-^.nf v.'... 
,\h.; ;!;cy Ihill iiul.c .i 

,VliS UicY t:"^' f-^n ^"' 



^■^Ifelident i,l the fc. 
1 rep5tf;:i:r.:ive5 o{m :i 



cerii. 



an ullicc ol trull ur profit under the United States. i**«« ^**/y^ 

'IheelctUirs ftiall meet m tl;cir rctpeijlivc dates, 3: -.1 \n!r bv 1'j" 
at Icail Iliall not bean inlmbitani ol I'.c :...nellj:o uitli thr:n!^l\r 
all the [>erfom voted toi , and ol llic ni r 'ir: ol ^ntcs ^^'' ^^\li ^, 
ly, and tranl'tnit Icsird to tlie teat of tiie j^ail**!!! povcrimieiiff^i- 
'l he prcfiden: of the lrn::te (hall in the presence of tlic icinte and l;o 

ijicccitiricatcs, a:;d t!;c \ot(:> (hail liicn be counted. 1 he ptiinii havin,; the crcai; !'. r.-j!;i:;cr rt 
vutfs llulUuilierrelldentjifruch ituniber be a nujnrity ot ihrwiiolr number of rtrct.ii.i appfniled : 
and it l!.e:r Ik nicic l!.-in one ulio have fuch ni.Tj>niiy, .md h.,\c- an eqw-il miuibcr ol votes, then 
the houlV ol rcprcfcniatives ihall immcdiatclj chulc by ballul mic r,i"ihc:ii for prcfKtcn; ; and il nn 
pecfon have a majority, ihcti from the f:vc hi^Iiefl on the lilt the laid houfc ihaH in !;kr nur.: ;:: 
thoofc ilic pieUdent. iJut in cboolmg the ]>rcf:dem, the vo:;.^ Ihall Ik t.iken by Hates nnduorpri- 
capita, the reprcl'^ntation (roin each Rac.- having one vote. A c,i;i:i:!!i (or th's pmpole ihail ci 1 htl 
of a member or mcmbtrrs Ironi iwolhirdt of the (laic*, and a ir.„:.n;;y "f alt t'ic it.i-c- fh.-li be iic- 
celFaty to a ehcice. In every cafe, after the choice of the preiidcnt b y tL»-tt|i ii a« f »it>«t»fc. i!ic per- 
Inn luvinj; the Rrcatcft nuinber v.\ votes of the electors Oull he ilu- \ur \ u 
Hioutd remain two or luoic \\hyh3\c eijual vjtcs, ihc kiiatv ilu'II ch%"'- t!-.-: 
vioe-prcfidci.t, Ii»j^*-»v 

The Car.;ttcfs mav (i-t;;>f'(''0'* j]i£ t"'"' «"' chuf^ng the c!. .u.rs, and the lii tif i ni vii'irh li:ry 
r.i-ill Rive ihe.i voics'i biiTt'iU rjfruSa ihail be •» the fame »W.throuj;h<y.it ihclbiittdbM: 
No pcifoa except a i;.i!u:.d bAtn citi/.rn, or a citi/cu ol ihe l-mtt-d .States, at the lime 
aJ*ip!inn of this conditution, fliall be eh^iblc to the cITjcc ot prcHdcnt ; neither Ihall i;ity 1 < rlun 
be c'ur.iMc to thai office who Hull r.m \\a\c attained 10 the a^iC ot thirty. live yia 
Icen je.us a rtfid^nt within the I'uited States. 



l).;t ii lb 
by h.\U\ th 

.hi:h 



\\\c. 



J ::mi bttii lour- 



In cifj ot the remov.il ol the pfclidcnt from oflice, or of hi* aca'h. refij: 
diuharijf the p-jwtts and iJutie< of the faid ofiice . (he bnie fbsll ccvolvr n\ 
the Co-'j!rcis may by law provide for tliccafc ol ret:io\j!. d<:a;!i, itli^');ai:i 
the prcUdcni and vice ptendeot^ dccUrin^ what oflicer (|j£'Llh«3^^t >« trel!' 



ie.n, cr l:-.::biit!y to 
V ice-jTt rulfiil.and 
.-! I! ;t Jiiy.bolh of 
Ijicl) cfiictr 




Ilic prciiJcr^t nrjll, 5t fl2;cci ttnu? 
nci'-licrbc cncrcalcd nor tiuriinilhcd dui.n}; tlic p<iip(l (tir ut-.u!) I.c tJ;r.il iii\i; 
BcJtuc he enter on \V,z c\ccil^ir'n ot * i of.ice, lie Ihall taUc lliC Ifjllowmg 
" lv»*»<-»i<lo fulcrniilv UM-ar (or aliiiiii) tint liv^bilhlully execute the cflicc ol prrW.nt 

i!:e UnileJ Slates, anil 'will to the belt of ii:y |i ffl|iii i tn7 in i t p « pidctvc, jTotca mid lictti 

tliectit;!!-:-!!' ni ot the United States." * 

•ti:er:.:uar.i=t; 



^^^q^y;>^/U^/4<>'»'*"-ainl olll:r IliililianllhelyirfSrsrile- ; Tf :: .i\ ic.lu..r i:i?o; ;..;,.:!, 
^i^^^<..^/«AeCi-4<-,'..l f!ii:ir 111 each (.1 i.'-t t\;iiuu.- •V.:< 






i 



f'h i l in' ' llm ii Ui i l ti i- i ' i ri i I 1^ i ' ' 



a 



f'^ 



each ol t 
rel'pecli\c r.l.icrs 

rr to ■^i.itit ripr.cvci. and paiJons lor (-Jcncc-. againrt the \} 
pr;id-.met.(.>- 

lie IluM l.uc power, by and with tlic advice and confent of the knaic 
vidcU two-thirds, ol the fenators piekiu concur; and he (hail nom'in.tti 



«:i: iiir. ot ll'.c pti::.;- 

nj; lo the (in:u-. <-\ ihor 

■, and lie fhail have | viw- 

tstcs, except in cafes ol ini- 



ir.akc treaties, p:o- 

and by and with ilic ad- 

ni ainb.ifl'aihirs, cihcr pubhc minidcrs and ct i.inls. jui'j;- 

iiccrs ol the United .Statc>, whi'lc appointincnis aic i;"t 



'.ice at'.il conknt of [lie ftiiatc, fliall appi 
cs ol the liiprcinc conn, n^id ;iU other c 
iicrrin otl'.cvwilc providctl f.:r. 

The [irchJent ihall lia\c power to fill v.p all vacancies that m.-iy happen during the reccfs of :hc 
imafe, by j;i^«iKinj; oommiilions wluch fliall expire at the end of their next felhon. 

.SiiV. -.. lie tiiaillrnintinic to ti!i;e ^i\c to the (.;«'i'^rcl-. intorinaiion ol the ilaic pi I'le n:>ion, 
jind rccor.in-.cnti to their confulcraliun lucji nKMluic^ a* he fli.ill jiuhrc neccll-iiy ar.d e\pe-;iri;t : he 
liny, on e\tranrd!!!arv occahons, convene both limilts, or cither ct them, and in cafe ol dibi^rcc- 
nicnt b;-t>v<-cn tht;ii, with rcfpccl to the '.imt! ol iidioiiinment. he in ly adjourn them to huh iinic 
a-, he Iliail thiiik proper; he Ihall receipt- ambnllaJor* and other public nmiiller,'^: he l!>,ill t.■'.I^r 
care lliat the laws be (ailhfully cxrcun.d. and fliall coiiiini'.iion ail the ofliccis of the Unif-JSt.iK -. 

6"u7.4.'Ihe j)reiident, viLr-prclidcnt ar.d all civil cliiccrs ot the United Staiei,iball be renuAcd 
fro;ti ofhcc on* iinpcachnicnt for, ami lonvii'^ion of trcal'oti, bribery, or othci hi^h criuics and 
lirilileniL-.m'jrs. 

III. 

.S".,7. I. Tl;e |-jdicial power of the United States, both in law aitd equity, fi.jU be vcftcd in one 
Mipicmc coiiit, .iiid in lucli mlciior courts ab the Con;;rcU may iiom i:nic to time otdjiti and 
rll.ibhlh. 'Ihc jndgtf, both of the fuprcmc and inferior courts, fliall held ilicir oflitrs duriii': 
^ood behaviour, and Iliail, at Hated limes, receive for their terviccs, a compcnlation, which Ihall 
not be diniinilhed during their continuance in olFice. 

6"<<7. 2. 'Ihe judicial power (hall e\tei;d to all cafe?, bfirfi In Jaw unt] equity, arifing under (his 
<on(litu:toii, the laws c! ibc United States, and treaties made, cf wfiicu »iidil be made, under 
• ibcir 



■V 



SECOND PRINTED DRAFT OF THE t OXSTITUTIOX 

|-\unilii:T 79) 



o/ //((■ 'frrasiiry iij thr U nitt'cl States and all such Laics shall he siih/ect to the 
Countroul of Coiii^ress. No State shall, without the consent of Congress, 
lay any duty oj toiuiai^e, keep troops or ships of war in time of peace, enter 
into any agreement or compact with another State, or with a foreign power, 
or engage in an\' war, unless actualU' in\'acled or /;; such daw^er as re/// 
not admit ot i/elay." 

In Article II, Sect, i, the seventh clause amended to: "The President 
shall at stated times receive for his services, a Compensation which shall 
neither be encreased nor diminished during the period for wiiich he shall 
have been elected and he shall not receive zcithm that period any other Emolu- 
ment from the United States or either of them." A marginal note referring 
to Sect. 2, which relates to the President's power ot pardoning, says: 
"an amendment ojjered to except his poorer of pardon iii the case ot Treason 
y vest it in the Le<^islature, rejected." 

Article \, iimended to read: " The Congress, whene\'er two |thirds ot 
both houses shall deem necessar\' or on the appliciition] ot two-rhirds of 
the legislatures ot the several States, shall propose amendments to this 
Constitution, which shall be valid to all intents and purposes, as part 
thereof, when the same shall have been ratified h\ the legislatures of at 
least ^4lhs of the several States, or by conventions in three-fourths thereof, 
as the one or the other mode of ratification may be proposed by the Con- 
gress: Provided, th:it no ;nnendmenr, which mav be m:ide prior to the 
year iSoS shall m an\- manner afl'ect the ist iS 4th clauses in the otli section 
oj the 1st Article, and that no State -zvithout its consent — " 

There are numerous other minor changes m construction, ot import- 
ance as a whole, but irrelevant to the object here set torth, which is to 
detail the manuscript amendments, as determined bv debate, and which 
appear as positive articles or clauses ot the finally ratified Constitution. 

At the final meeting ot the Convention tor the signing ot the Constitu- 
tion, three delegates, George Mason, Edmund Randolph, ;nul Elbndge 
Gerry, declined giving it the sanction of their names. On the back of two 
of the sheets of this draft is a formal statement of Mason's objections, 
drawn up in his autograph and entitled "Objections to this Constitution of 
Government." Briefl\' summarized, it would seem that he greatK feared a 
too strong central go\ernment and regarded the powers of Congress as det- 
rimental to State rights. He construes the representation in the House 
to be a mere shadow and not the substance of representation of the people, 
and fears the laws directly affecting the masses were to be made by men 
not directly concerned and not acquainted with their effects and conse- 
quences. He looks upon the Senate as ;i non-representative boch' and ob- 

7^ 



jects to tlifii' aurhonty to on<iin;iTt.- appiopn.iTions, altti nionf\ hills, am! 
regulate the salaries ot officers appointed h\ the Executive with the Sen- 
ate's concurrence. The federal Judiciary plan is disapproved, as he sees 
in It a menace to the State courts. 1 he \ ice President he regards as an 
unnecessar\' officer, who, he says, "/'"' '^viuil of dthrr rinpl<)\ment is iiicu/r 
prt'Sidrnt of thr Sriuitr: tlwrrhx ilaiii^rrvusly hlrnding tlif rxrcutivr 55 li';j,isla- 
livr poicrrs: hi'sidrs always i^iviiii:, to somr oiu' o/ ///(■ Slatrs ii inii-ci-ssary ifj 
unjust prr-riu nirncr ovrr the otlirrs." 1 he President's power of pardon is 
another cause tor alarm, which power, he says, " Diay hr sonit'timrs iwrrcisrd 
to scrrt'ii Irani pu)nslnnrnt thosr -trlioni hr had st'crrtly instii^atrd to commit 
the crime, IS thereby prevent a Discovery of his o-:r)i Guilt." Next he points 
out the opposite interest ot the five Southern to the eight Northern States, 
and claims that commercial regulations could be forced through the Sen- 
ate by these Northern States to the great injur\' and impoverishment of 
the Southern States. In closing he sa\'s; " 7'/;;.f Government •:rill set out a 
moderate ./ristocracy: it is at present impossible to foresee -whether it tc///, 
m Its operation, produce a Monarchy, or a corrupt tyrannical .Iristocracy: 
it -ivill most probably vibrate some years bet'ireen the t-:vo, and then terminate 
in the one or the other." 

ThK IMPORIANCK .\ND VAI.UK OF THIS DOCUMENT ARE INCREASED BY 
THE FACT THAT NEARLY ALI, SUCH PAPERS WERE DESTROYED. FoRD 
SUCCEEDED IN LOCATINC! ONLY THREE COPIES IN PUBLIC INSTITUTIONS 

THE Department oe State, the Library ok Congress, and the Mas- 
sachusetts Historical Society, and only one other copy is known 

TO BE IN private HANDS, AND THAT IS NOT AVAILABLE EOR PUBLIC SALE. 
It would be DIFFICULT TO IMAGINE A MORE INTERESTING ITEM OF 

Americana than this, showing as it does the gradual and careful 
construcrion of the constitution of our republic. 



73 



LEE AND MASON LETTERS AND DOCUMENTS 

80 LEE (RICHARD HENRY). Autograph Document, 134 pp., large folio, 

preserved under silk gauze; and mounted wrapper with full address, 

also in Lee's hand, to "George Mason, Esquire, of Gunston Hall, in 

Fairfa.x County, Richmond, Virginia," franked and dated "Richd. H. 

■ Lee, 17S7 [Alexandria, Nov. 2]." 2 pieces. 

1 his document contains many suggestions which Mason emhodied m 
his Declaration of Rights as amendments to the hederal Constitution 
when it was presented to Virginia for ratification. Among them are: Lib- 
erty of Conscience, Freedom of the Press, Trial by Jury in Vicinage ot 
Accused, Right of Popular Assembly and Petition, Opposition to Standing 
Armies and Excessive Bail, etc. Virginia's Declaration of Rights was the 
first to be drafted and adopted in America, and the first anywhere in which 
the maiestv of the individual, without qualification, is asserted. Many ot 
the "Rights" were eventually accepted by Congress and the States as 
amendments to the Federal Constitution. 

Lee was one of the most earnest opponents of the adoption of the ted- 
eral Constitution; his fear that a consolidated national power would ulti- 
mately destroy the State governments, and his firm individualist outlook 
are clearly shown in the opening sentences of his present document. " It having 
brni found from luivvfrsal experience thai the most express declarations and 
reservations are necessary to protect the just rights and liberty of Mankind 
from the silent, pozrerful, and ever active conspiracy of those who govern . . . 
[and] such precautions are proper to restrain and regulate the exercise of the 
great p(r:rers necessarily given to Rulers." 



81 MASON (GEORGE). Autograph Document, 5 pp., small 4to, headed 
"Amendments Proposed to the new Constitution of Government"; and 
another draft of the second part of the same, viz., the Amendments 
added to the Declaration of Rights, 4 pp., small 4to. All preserved 
under silk gauze. [1787-S8.] 

These documents include all of the amendments to the Federal Con- 
stitution submitted to Congress by Virginia. They embrace a "Declara- 
tion of Rights" and a list of thirteen amendments, as described below. 

They are in two portions, both commencing: " That there be a Declara- 
tion or Bill of Rights, asserting, and securing from Encroachment the essen- 
tial and unalienable Rights of the People, in some such Manner as the follou- 
ing." In the first portion the Bill of Rights immediately follows, each 
paragraph numbered i to 20, with numbers interchanged. The sense of 

74 



(i^ HloUrM^ C^,^U^ H:i^J^^^^^^y l^^„^„u^^^ <^^^i«i^ 

'y^.cU fi^"^^'^^U^r^^^^.i^.(^^^^.UyC^Uy/^:^fi /I'^'i",^ /j^U^.i^ JU^^^^ 



MASOX'S DECLARATION OF RIGHTS 

INumlKT SI] 



u-mc 



the various sections of this Bill of Rights is largely that of the original 
Declaration of Rights of Virginia, drawn up by Mason in 1776, though 
the form in some cases difl^'ers slightly and the sixteen clauses of the Declar- 
ation are here extended to twenty. Sections i, 2, 4, 5, 7, 11, 13, 16, 17, 
and 20 of the present "Bill" are substantially the same as Sections i, 2, 
4, 5, 7, 10, 9, It, 12, and 14, of the "Declaration." 

Section ^ here contains the addition of "and that tlw Joctnnr of )itiii- 
/■(•.f/.f/[ance] against arbitrary pozver and oppression is absurd^ slavish, and 
di'structivt' of the good and happiness of mankind'' : Section 6 is preceded by 
the assertion, " That the Right of the People to participate in the Legislature 
IS the best Seciiritx of Liberty, and the foundation of all jree Government ; 
Section 8 excepts "time of actual Jf'ar, Invasion, or Rebellion": Section 9 
is embodied in 8 of the Declaration; Section 14 limits and disapproves of 
the granting of search warrants; Section 16 adds the Right to Freedom ot 
Speech; Section 15 asserts the Right of Public Assembly and of Petition; 
Section 17 adds "That the People have a Right to bear arms": Section 18 is 
" That no Soldier in time of Peace ought to be quartered in any House :cith- 
oul the Consent of the (kcner, and in time of icar only by the Civil Magistrate 
in such manner as the la-zvs direct" : and Section 19, " That any person reli- 
giously scrupulous of I'caring arms ought to be exempted, upon payment 0] 
an Equivalent, to employ another to bear .Inns in his Stead. 

The second portion begins: " .fnd that there be also the jolUriving .dmend- 
ments to the Constitution." Immediately following are the thirteen amend- 
ments, the first: "That each State in the Union shall retain its Sovereignty, 
Freedom and I nde pendence, and every pcncer, iiinsdiction and right, which 
is not by this Constitution expressly delegated to the Congress oj the United 
States." Others relate to Representatives; the powers of Congress in 
elections, and in taxation and excise; impeachment; the restriction of 
Representatives, Senators, and Judges from holding any other office dur- 
ing their terms of service, etc. The sixth amendment proposes " That there 
shall be a constitutional responsible Council, to assist m the administration 
of Government, ■zvith the pozver of chusing out of their ozvn Body a President, 
zi'ho in case of Death, Resignation or Disability of the President oj the United 
States, shall act, pro tempore, as rice-President, instead of a I'lce-President 
elected in the manner prescribed by the Constitution," etc. Amendments 7 
to 1 1 forbid Navigation Laws without the consent of two-thirds of both 
Houses, Standing Armies in times of Peace, and the President from com- 
manding the Army or Navy in person without a like majority, the enlist- 
ment of soldiers for over four years, and a mutiny act for a longer period 
than two \ears. 

The document thioughout is in the autograph of George Mason. He 

76 



was ont- ot \ irginia s tk-lf t;.irf s to the Pt-ck-ral ConventR)!!, ami one of the 
three who refused to sign the Constitution. Mason was aj^ain chosen a 
nu-niher of the State Convention to ratify or reject the Constitution on 
Its ]iresentation to \ irjiinia. He led his State's opposition to its ratitica- 
tion and so determined did that hecome that nian\' ot those who saw how 
indispensable a stronj; Federal power was, despaired of the adoption of the 
onl\ instrument that provided it. It was with the i;reatest satisfaction 
to all its friends that \ irginia finally ratified the Federal Constitution, 
practicallv assuring its success, although adding the present amendments, 
many of which were subsequently accepted by Congress. 

The draft of the second part (in another hand) would seem to be an 
earlier one, and was probably written by a member of the convention for 
his convenience in tlebate. All of the clauses up to the tenth are in effect 
similar to that described above, although m a few places the language 
differs slightly. Ihose sections not included in the version in Mason's 
hand relate to Militia; the power of Congress in legislation; the Judicial 
power over diplom:itic officers and in controversies between States;criminal 
prosecutions, etc. 

A few changes and corrections, ;md the re-arrangement of the numbers 
would indicate that this was the completed draft submitted to the Con\en- 
tion by Mason, and that the alterations were made in debate. The im- 
portance of this document can be appreciated onlv h\ keeping in view the 
fact that the ratification of the Constitution b\ a majority of theConven- 
tion was contingent on the submission to Congress of these ;imendments, 
and that by submitting them to Congress Virginia implicitly informed the 
C()untr\ th;it bv her ratification she did not relmcjuish but re-asserted 
those State rights which in the minds of man\" of her statesmen were 
more important th:m the adoption of the Federal Constitution. 

Sz MASON (GEORGE). Autograph Document, 2 pp. small folio, relating 
to the work of the Virginia State Convention appointed to ratify or reject 
the proposed Feder;d Constitution. [17SS.I Preserxed under silk gauze 
(small corner cut off, eliminating probabK two words). 
( )ne side contains four forms of the resolution to embody the Declara- 
tion of Rights and Amendments in the Constitution. I he forms differ 
somewhat, the final one being th;it ratification should be made after the 
adoption of the Amendments, and that the Rights ;ind Amendments be 
communicated to the other States of the American Union. The first part 
of this form was carried and ratification made conditional on the submis- 
sion to Congress of the Amendments. 

1 he other side contains a resolution of \erv great interest, evidently 

77 



made before the final adjournment of the State Convention, but after the 
ratification of the Constitution on June 25, 178S. It savs that a letter 
received by Governor Randolph of Virginia from Governor Clinton of New 
York suggesting "free and cordial Intercourse &c communication of Senti- 
ments between the Conventions," should have been laid before the \ irginia 
Convention for consideration but was withheld until the day after the 
ratification. While the conventions of Virginia and New York were sit- 
ting, great anxiety was felt for the Constitution, which then required 
ratification by one more State to become effective. Governor Randolph 
was a warm advocate ot ratification and this resolution proves that he 
dreaded collusion between the opponents of the Constitution in the two 
States to such an extent that he withheld the communication from New 
York, the delivery ot which to the \ irginia convention might have seriously 
strengthened the hands of the opponents of ratification and resulted in 
ultimate abandonment of the Federal Constitution. The majority in Vir- 
ginia in tavor of ratification was only ten, and this majoritv was not ob- 
tained till the Hill ot Rights and a long list of Amendments had been drawn 
up to be submitted to Congress. 



S3 LEE (RICHARD HENRY). Autograph Letter Signed, 4 pp., 4to, New 
^ ork, October i, 1787. Preserved under silk gauze. To [George Mason], 
regarding Congressional action on the proposed Constitution. 

Richard Henrv Lee was sitting in Congress as a member trom Virginia 
when the proposed Constitution was reported to that bodv, and he earnestlv 
opposed its adoption. He thought the granting ot broad powers to the Exec- 
utive and Congress would graduallv weaken the State governments and 
eventualK" obliterate them as units in the government. He was most zealous 
ot the retention of State rights and took the gloomy view that its adoption, 
without the amendments advocated by the majority of the Virginia and 
South Carolina delegates, would eventually result in a Civil War. It is 
interesting here to note that thus early the interests of the North and South 
were thought to be in opposition, and that a prediction was made wliich 
eventually came true. He writes in part: 

" 'I'hf grt'aliu'ss of the powers givfn, iy the multitude of Places to be created, 
produces a coalition of Monarchy men. Military men. Aristocrats, and Drones, 
whose noise, impudence y zeal exceeds all belief — Jf'hilst the Commercial 
plunder of the South stimulates the rapacious trader. In this state of things, 
the Patriot voice is raised in vain for such changes and securities as reason 

78 



J) 



<r 



^ £c-iL^ ^y^.^^' 



■* « /^ f » 










ij:e-s objections to the coxsTrruTiox 

(XumlKT ,S3) 



and Expt-rirnci- provr to br lu-crssary against thr t-ncroachnu-nts (if po:ct-r 
upon till' indupcnsablt- rights of human naturt-. Upon clur consideration of 
the Constitution under which -xc now acty some oj us were clearly oj the opinion 
that the i^th Article of the Confederation precluded us from giving an opinion 
concerning a plan sub-irrsive of the present system and eventually forming a 
Nezc Confederacy of Nine instead of /J States. The contrary doctrine was 
asserted with great violence in expectation of the strong majority with which 
the\ might send it forward under terms of much approbation. Having pro- 
cured an opinion that Congress was qualified to consider, to amend, to approve 
or disapprove — the next game was to determine that tho a right to amend existed, 
it would be highly inexpedient to exercise that right: but merely to transmit 
it with respectful marks of approbation — In this state oj things I avail my- 
self of the right to amend, Is move the amendments, copy oj which I send here- 
with y called the ayes y nays to fix them on the journal — This greatly 
alarmed the Majority l^ vexed them extremely — jor the plan is, to push the 
business on :rith great dispatch, and ujth as little opposition as possible; that 
it may be adopted bejore it has stood the test of reflection 55 due examination — 
They found it most eligible at last to transmit it merely, without approving or 
disapproving; provided nothing but the transmission should appear on the 
Journcd — This compromise was settled and they took the opportunity of in- 
serting the word Unanimously, which applied only to simple transmissions, 
hoping to have it mistaken for an Unanimous approbation oj the thing — // 
states that Congress having received the Constitution unanimously transmit it 
t^c. — // is certain that no Approbation was given — 'This Constitution has a 
great many excellent regulations in it, and if it should be reasonably amended 
■:rould be a fine system — .ds it is, I think 'tis past doubt that if it should 
be established, either a tyranny will result from it, or it :t'ill be prevented by a 
Civil Jl ar — / am clearly of opinion zcith you that it should be sent back 
■with amendments reasonable and assent to it ^nth-held until such amendments 
are admitted," etc. 

Then follow suggestions tor biinging about concerted action between 
Virginia and South Carolina to enforce the amendments before ratification 
bv the State Conventions. 



84 LEE (RICHARD HENRY). Autograph Letter Signed, 4 pp., folio. 
Chantilly [\ a.], June the 9th, 1779. Preserved under silk gauze (outer 
margins, before being strengthened were slightly frayed but are not m 
an\' parr illegible). 

Presumablv addressed to George Mason, among whose papers it was 
found. Mason had been elected to Congress, and although he refused to 

80 



seiNf lu' i::nrucl on ;in i\rtnsi\f conespondence with piomiiuiu \ ir^:ini;ins 
aiul was (it iiitat S(.*r\ict' to the Colony m keepinji ali\f an cntlnisiastic ui- 
terest in public attairs. 

riu- letter lai<;el\ relates to and se\'erel\' condemns the peculations 
then so disturbing the public contidence. He writes: " Thr force of party, 
iuiil ihr po-:rrr oj U>rtuni\ il st-rins lo mt\ iirr Iraiiurd to ihstras ij >iot to rimi 
.-/merira. . . . Tlir inundation ol niout-y appears to luivr ovrrflo-:rrd virtue. 
and I fear :cill hitrv the libertx oj Jmerica in the same ^^rave. . . . I\o-:t\ to 
i^et into office is another thiiii!, for t^ettiui^ into irealth on public funds itiid to 
the public infurY." "In choosing the executive officers of the i^overnment, 
intes^rity, abilitw and industry must be attended to, or :ce are inevitably ruined. 
. . . To me it appears of indispensable necessity that instructions be t^iven 
to your delci^ates in terms peremptory and express that they move Coiij^ress 
that the most immediate and effectual settlement be made oj all public ac- 
counts.'' He ileprecates the action ot the Assembly m issuint; another 
million pounds and is apprehensive of its ettect on other States. Ot mili- 
tar\' matters he writes: " // ('.f, / think, to he feared, that the enemies' late 
success in this State ■:rill encoura'^e other visits." He wishes that all stores 
and provisions mip;ht be further removed from the Ships ot War as they 
are a continual temptation, and suggests that moveable batteries in the 
form of "Cialhes" be provided, as "Forts on land -uill be avoided -ichen the 
foe is weak, and af:ca\'s fall :vhen they are stroni;,." He mentions also the 
coming of peace and, in connection with it. " Navii^ation oJ the Mississippi 
and our domestic fishery on the Banks o/ A e:rfou ndland." 



85 MASON (GEORGE). Autograph Letter Signed, 5'j pp., folio. Gunston 
Hall [^ a.], Octor. 19th. 1782. To Edmund Randolph, Attorney General, 
Richmond. With addressed wrapper. Eacii piece preserved under silk 
gauze. 4 pieces. 

Very important letter, closeK' written, dealing with the question ot 
\'irginia's Western territory. He says: "/ quitted my S(-at m the House oj 
Delegates, from a conviction that I rra.f no Ioniser able to do any essential 
Service. Some of the public Measures have been so contrary to my Notions 
of policy and of J ustice, that J wished to be no longer concerned -with, or an- 
swerable for them, and to spend the Remnant of my Life in Quiet and Retire- 
ment. } et -:cith all her faults, my Country will ever have my ':carmest ':rishes 
and .-Jffections; and I would at any time, most cheerj ully, sacrifice my own 
Ease and domestic en/oyinent to the Public-Good: but tho' I look upon assert- 
ing the Right to our Jl'estern Territory, and thereby putting a Stop to the dan- 
Si 



i^i'roiis usurpations oj Con^f!,ri'SS, heforr they shall have ht't'U rstahlished into 
pri'ct'Jt'uts, to bt' a matter (if the utmost I m portamw I do not kno-:c that it is 
in my pouter to give the Committee any assistance." 

He recounts the information and evidence he had previously submitted, 
mentionmg "Col. Washington, uo-zc II is Excellency Ceneral Jl'ashington,'"' 
and ''the present Revolution," giving a very important historical sketch of 
the Western lands. Referring to the mutual guarantees to the States, he 

savs: "// was upon these express conditions that J'irginia acceded to the 
Articles of Confederation: the present attempt therefore to dismember Virginia, 
ivithout her Consent, is a flagrant Breach o] Public Faith, and if Carryed into 
E.xecution, dissolves the federal Compact. . . . Congress are properly the 
Delegates of the different States, -zrith certain pfr:rers defined. . . . They may 
in time proceed to fill up their o-:cn f'acancys, vote themselves members for 
life, and what not! . . . Posterity will refiect -with indignation, that this 
fatal Lust of Sovereignty which lost Creat Britain her western Jl orld . . . 
shou'd even during our contest against it, be revived among ourselves, and fos- 
tered by the very men who were appointed to oppose it." 

He continues to inge resistance, gn ing man\- uiterestmg argutnents on 
behalf of \ irginia's retention of all her lands, and counsellmg firmness in 
contending for the rights of the separate States. 

The historv of this dispute and the evidence it siiovvs ot the increasing 
weight of national opinion and necessity are of the utmost interest in that 
contentious, formative period. Virginia's claim to the Western lands had, 
since the outbreak of war, been questioned by the other States and she had 
only recently, as a compromise, offered to cede to the United States the 
territory above the Ohio. This Congress refused to accept, and it was over 
a year after the date of this letter and after a dispute into which much bit- 
terness was injected, that Virginia assented to the cession of all of her terri- 
tory excepting her present boundaries and those ot West Virginia and 
Kentucky. In return Virginia demanded — and it was accorded — that her 
soldiers in the Revolution he allowed certain parts ot the ceded lands. 



86 [MASON (GEORGE).] George Mason, of Virginia. [By Judge Bland], 
taken trom Niles's "Principles and Acts ot the Revolution. " Fragment 
consisting ot pp. 1 21-128. 8 pp., 8vo, all preserved under silk gauze. 
[Baltimore, 1822.] 



82 



ORIGINAL UNPUBLISHED DIARY 
OF JAMES McHENRY IN THE 

CONSTITUTIONAL CONVEN TION 

MINIATURE OF WASHINGTON 

PAINTED BY WILLIAM BIRCH 

CONSIGNED FOR SALE BY 
MR. JOHN McHENRY 

OF BALTIMORE, MD. 



UNPUBLISHED MANUSCRIPT JOURNAL OF THE FED- 
ERAL CONSTITUTIONAL CONVENTION BY JAMES 
McHENRY, DELECATE FROM MARYLAND 

S7 Mc-HENR^' (JAMES, St-cretar> on tin- Staff of Ckneral Washington, 
and second Secretary of War). Original Manuscript Diary or Journal 
kept during his attendance at the Federal Constitutional Convention, 
from Ma\ 25, the opening, to September iS, the closmg, day. About 

7> pages, S\(>, HI contemporary undressed calt. I7l~!7. 

James McHenr\-, delegate from Maryland, tot)k an active part m the 
formation of the Constitution. He labored hard and successfull\' m his 
own State to brmg about its ratification, notwithstanding the poweitul 
opposition of Luther Martin and Samuel Chase. 

This [ournal gives a remarkablv clear account of the deliberations of 
the Federal Convention. McHenry took his seat on the opening da\ ot 
the session and, realizing the importance and historic \alue of the forth- 
coming proceedings, kept this record from da\ to da\ . 1 he first entr\' is 
dated Philadelphia, 14 May, 17S7. Nothing of importance took place, 
howeN'er, until the 25th when, as stated m the Journal, "seven States being 
represented, \iz. : New ^'ork. New Jersey, PennsyKama, Delaware, \ ir- 
ginia. North Carolina, and South Carolina. Ge(jrge \\ ashington was unam- 
mouslv elected President ot the Convention." A committee was then 
appointed to prepare and report rules tor conducting business. Phis detail 
being satisfactorily arranged, Co\ernor Edmund Randoljih of Virginia 
opened the business ot the Con\ention. He proceeded to outline the 
objections to the "Articles ot Confederation," the made(]uacv of which called 
forth this meeting. Randolph's speech is given in full, in addition to the 
resolutions he ottered as a basis or working plan tor the Constitution. 
These resolutions were fifteen in number and bore the distinction ot being 
the first plan to be offered for the closer and firmer welding of a Union 
which had been lapidU drifting towards dissolution. After Mr. Ran- 
dolph's address and resolutions, the L"on\ention resolved itselt into a 
committee ot the whole "to take into consideration the state ot the Amer- 
ican Union." 

On Ma\ 30th began the true battle between the partisans of State 
rights and the group which fa\ored strong centralized power and after- 
ward became known as the "Federalists. " B\ this time ten States were 
represented in the Convention, and Randolph's resolutions were taken up 
in order. The isr, 2nd, and 3rd resolutions were briefly discussed and 
apparentK left in abevance, their fate depending on that of the 5th, on 
which the\ indirectK' hinged. 1 his resolution, which provided that the 



second branch of the legislature be elected by the first, out of a number 
of persons nominated by State legislatures, was negatived. Other details 
are entered until June 1st, when a note reads: ''Reed, an express from home 
that »i\ brother lav dangerously siek in eonsequenee of :chich I set out imme- 
diately for Baltimore." 

McHenrv was back in his seat on August 4th, having left Baltimore 
on the 2nd. It might be said that at this time began the real formative 
period in earnest. The first entry after his return, dated the 4th, is ot 
great interest and importance. It reveals, probably tor the first time, the 
name of the printer of the first draft of the Constitution, which was known 
to have been printed in great secrecy. The entry reads: "Returned to 
Fhilada. The Committee of Constitution ready to report. Their report in 
the hands of Dunlap the printer to strike off copies for the members." The 
final draft, which was sent to Congress for ratification, bears the name of 
the printers " Dunlap and Claypoole," but the first and second drafts, 
described elsewhere in this catalogue, bore no indication whatever of the 
printer. 

On August 6th the Convention adjourned till the following day to give 
the members an opportunity to consider the report. Mr. McHenry sug- 
gested a meeting with Messrs. Carroll, Jenifer, Mercer, and Martin, of the 
Maryland delegation, to confer on the report and to prepare to act in uni- 
son. This stormv conference took place at Mr. Carroll's lodgings and, 
finding that thev could come to no conclusion, another meeting was de- 
cided upon for the next evening. As the author writes, "Unless zve could 
appear in unison in the Convention with some degree oj unanimity it would 
be unnecessary to remain in it, sacrificing time c5 money without being able 
to render any service." Here occurs an interesting note describing an inci- 
dent of that meeting. "/ sazv Mr. Mercer make out a list of members' names 
who had attended or were attending in Convention with 'for' and 'against' 
marked opposite most (jf them — asked carelessly what question occasioned his 
being so particular, upon which he told me laughingly that it was no question 
but that those marked with a 'for' were for a King. I then asked him how he 
knew that, to which he said 'no matter, the thing is so,'" etc. 

In order to fix the opinions of his colleagues, McHenry drew up four propo- 
sitions on the most consequential articles, to lay before them at their meeting 
on the following evening. The propositions are given here in full. The Diary 
then proceeds with the business of the Convention on the 7th. The discussion 
then centered on the right of suffrage. Gouverneur Morris held that to give 
that right to all freemen the government would undoubtedly become an 
aristocracy, as it would put it in the power of men whose business created 
numerous dependents. Dr. PTanklin also spoke on the subject: "//t' ob- 

86 



I iT> I Lf-c-yiit crn . 
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FIRST PAGE OF McHENRV'S UNPUBLISHED DIARY 

|.\iiml>cr S7] 



.UTVt'd that ill tinir of icar a countr\ ozccd much to thr lower class of citizens. 
Our late ■:rar zras an instance of what thev could suffer and perform. If denied 
the right of suffra^^e it would debase their spirit and detach them from the 
interest of the countrv. One thousand of our seamen were confined in English 
prisons — had bribes offered them to go on board English vessels which they 
rejected.'" On the evening of that day the meetings in Mr. Carroll's lodg- 
ings were resumed, Mr. Martin being absent. After discussion ot the 
propositions offered by McHenry and of the propriety of the articles of 
Constitution as they respected Maryland, they finally agreed to act in 
concert in the Coinention. 

1 he proceedings of the Convention are then resumed. I he disposition 
of the \arious articles follows. When the discussion becomes long and 
opinions strongly clash McHenry gives an outline of the speeches ot the 
various advocates. One of the points which came up on August (;th tor 
e.xtended debate was the term of residence in the country necessary to 
make eligible a candidate for the Legislature. .Morris, Mason, Madison, 
and Franklin spoke at length and with warmth on this matter. l*n>m then 
on matters progressed rapidK although not without debate ot every view- 
point and angle. By September 1st the system was in shape to reter to a 
grand committee. They worked diligentlx and made some ot the most 
inportant revisions that had thus far been thought ot. One ot the prin- 
cipal of these was the plan for the election of the President, which is that 
of today. On September Sth the whole report was agreed to, and vMth 
some amendments was referred to the Committee ot Detail. ( )n Septem- 
ber nth the second printed report was received. I his was read, discussed, 
and a few further changes made, and on the i ^th, was ordered engrossed 
and 500 copies struck. On the 17th the final Constitution was delivered 
and the delegates proceeded to sign it, Mr. Randolph, Mr. Mason, and 
Mr. Gerry being the onl\ members present who withheld their names. 

On the page directiv preceding this entry the author gives his reasons 
for signing the Constitution. Although opposed to man\- parts ot the 
system, he recognized in it the only remed\ at hand tor the inconveniences 
which the Union was then laboring under. He also trankly adnnts that 
his own judgment might be at fault in too strongly opposing the points 
with which he disagreed. This statement is signed and dated, Phila. lyrh 
Sept., 17S7, the Hnal day of the Convention. On this da\ Dr. tranklin 
also made an address in which he gave his reasons tor signing, as described 
here, "It ^ras plain, insinuating, persuasi-ee- -and m any event of the sys- 
tem, guarded the Doctor's fame." 

The next da\' the gentlemen of the Comention dined together at the 
Citv Tavern. 



( )n rlu'si- final paiics arc ijufn two inreresrin<; ant-cciott'S aprojios of the 
C\)n\fnf ion .nul the riL'sult ot tlu-ir laliors. "./ lady iiskrd Dr. I'ltuikli)!, 
'Hell., Doctor, what hazY zcr <^()t, a republic or a nio/uircliYf' ' './ rrpuhlic,' 
replied the Doctor, 'if you can keep it';" and "Mr. Martin .uiid one day in 
company zrith Mr. Jenifer, .\peaki)ii[ o/ //;,• .iysteni hefore (Convention, 'I'll he 
handled il ever the [people of .Maryland at^ree to it.' '/ advise you,' .uiid Mr. 
Jenifer, 'to .day in Philadel phia le.<t you .■should lie liaw^ed.'" 

I he Jouinal is ot rlu- greatest importancf and mtficst. It (.inhraces 
pracficalU all i\ents ot importance that took place in the Convention. 
When It is lemeinhered the secrec\ with which these proceedings were 
surrounded, a work ot this kinil is of the hi<;hest historical value, reveal- 
inji as it does the personal \iews, opinions, aiul e\en ambitions of main 
ot the individuals. 



89 



MINIATURE PORTRAIT OF WASHINGTON 
BY WILLIAM BIRCH 

88 WASHINGTON (GEORGE). Original Miniature Portrait of Washing- 
ton, oval, three-quarter face, half length, painted on enamel, by William 
Birch (contemporary crack across lower part of neck.) Height, 3 '2; 
width, 1 inches. In gilt frame, with small oval ebony frame set in crim- 
son plush. 

This verv beautiful miniature presents Washington in a costume of 
dark brown velvet, with ruffles ot white lace. 1 he complexion is warm and 
rich, but witiiout the florid tint so often noted in contemporary portraits. 
The hair is powdered and worn in a queue. 

Elizabeth Bryant Johnson in her "Original Portraits of Washington," 
writes: " // is said in ontlini' to be drawn prt-cisrly like the first Stuart, though 
the unpleasant iw pression, arising from the false teeth, is happily avoided." 

The portrait is consigned by Mr. John McHenry of Baltimore, to whose 
familv it has belonged since its purchase by James McHenry, from the 
artist. Miss Johnson, in the above-named volume, says: ''James McHenry 
of Maryland, -who -was Washington's Military Secretary, was appointed by 
him Secretary of War in IJ06. About that time be bought a certain minia- 
ture of Jf ashington, by Birch, selecting it from several in the artist's studio, 
and esteeming it the finest likeness, notwithstanding it was somezrhat disfig- 
ured by a crack in the enamel." According to the same authority, a fac- 
simile of this miniature was owned by Charles C. Barney ot Richmond. 
Its owner esteemed it so highly that when he had to run the gauntlet after 
the evacuation of Richmond, he took it from its frame, secured it on his 
person, and so was able to save it from possible mishap. 



90 



LL-Ja'21 




.MINIATURE OF GENERAL WASHINGTON 
PAINTED BY WILLIAM BIRCH 

[Number 88] 



Rkufikld-Kendrick-Odell 
new york city 



